the supports of rpoa initiative to indonesia in dealing

112
THE SUPPORTS OF RPOA INITIATIVE TO INDONESIA IN DEALING WITH ILLEGAL FISHING (2012-2016) By: DHANNY SAFITRI ID No. 016201300039 A Thesis presented to the Faculty of Humanities President University In partial fulfillment of the requirements for Bachelor Degree in International Relations Major In Diplomacy Studies January 201

Upload: others

Post on 22-Feb-2022

0 views

Category:

Documents


0 download

TRANSCRIPT

Page 1: THE SUPPORTS OF RPOA INITIATIVE TO INDONESIA IN DEALING

THE SUPPORTS OF RPOA INITIATIVE TO

INDONESIA IN DEALING WITH ILLEGAL FISHING

(2012-2016)

By:

DHANNY SAFITRI

ID No. 016201300039

A Thesis presented to the Faculty of Humanities

President University

In partial fulfillment of the requirements for

Bachelor Degree in International Relations

Major In Diplomacy Studies

January 201

Page 2: THE SUPPORTS OF RPOA INITIATIVE TO INDONESIA IN DEALING

i

Page 3: THE SUPPORTS OF RPOA INITIATIVE TO INDONESIA IN DEALING

ii

Page 4: THE SUPPORTS OF RPOA INITIATIVE TO INDONESIA IN DEALING

iii

Page 5: THE SUPPORTS OF RPOA INITIATIVE TO INDONESIA IN DEALING

iv

ABSTRACT

Indonesia has experienced the rampant occurrence of illegal, unreported, and

unregulated (IUU) fishing, which brings a lot of negative impacts. IUU fishing is a

serious concern, it endanger not only the fisheries resources and ecosystem but also

endanger the state’s food security, maritime security, and triggers conflict between

state. Therefore, there is a need of effort from Indonesian government to combat

IUU fishing. Thus, Indonesia’s involvement in regional cooperation namely the

Regional Plan of Action to Promote Responsible Fishing Practices including

Combating Illegal, Unreported and Unregulated Fishing in the Region, popularly

known as RPOA, become one the respond of IUU fishing threat. The RPOA has

eleven core Action Plan in which this thesis is significant in providing detailed

information and explanation particularly about RPOA’s core action of

strengthening monitoring, control, and surveillance (MCS) system through RPOA

MCS networks. The study is conducted by using the qualitative method of analysis

by using book, official document and report from RPOA and its participating

country as the primary data, and other sources provided by other institution or

individual as secondary data. The result of this thesis will explain how has the

RPOA MCS network help Indonesia in combating IUU fishing in 2012-2016.

Keywords: IUU, RPOA, MCS networks, Indonesia’s involvement

Page 6: THE SUPPORTS OF RPOA INITIATIVE TO INDONESIA IN DEALING

v

ABSTRAK

Indonesia adalah sebuah negara yang masih mengalami maraknya praktik

penagkapan ikan yang ilegal, tidak dilaporkan dan tidak di atur dimana hal tersebut

membawa banyak dampak negatif. Praktik penangkapan ikan secara illegal, tidak

dilaporkan, dan tidak di atur adalah sebuah permasalahan serius, yang mana tidak

hanya membahayakan sumber daya perikanan dan ekosistemnya, tetapi juga

membahayakan ketahanan pangan suatu negara, keamanan maritim, dan juga dapat

memicu konflik antara negara. Oleh karena itu, dibutuhkan usaha pemerintah

Indonesia untuk memerangi praktik penangkapan ikan ilegal. Demikian,

keterlibatan Indonesia dalam Regional Plan of Action to Promote Responsible

Fishing Practices including Combating Illegal, Unreported and Unregulated

Fishing in the Region yang lebih baik dikenal dengan nama RPOA, menjadi salah

satu bentuk dari upaya Indonesia untuk merenspon ancaman praktik penangkapan

ikan ilegal. RPOA memiliki sebelas rencana aksi pokok yang mana dalam skripsi

ini signifikan dalam memberikan informasi dan analisis yang mendetail khususnya

tentang rencana aksi RPOA dalam memperkuat sistem pemantauan, pengendalian

dan pengawasan (monitoring, control, and surveillance atau MCS) melalui RPOA

MCS Networks. Kajian ini dilaksanakan dengan menggunakan metode kualitatif

dengan menggunakan buku, dokumen dan laporan resmi dari RPOA dan negara

anggotanya sebagai data primer dan sumber lainnya yang disediakan oleh institusi

atau individu lain sebagai data sekunder. Hasil dari skripsi akan menjelaskan

bagaimana RPO MCS Network dapat membatu Indonesia dalam memerangi

penagkapan ikan illegal pada 2012-2016.

Kata kunci: Praktik penangkapan ikan illegal, RPOA, MCS Networks, keterlibatan

Indonesia.

Page 7: THE SUPPORTS OF RPOA INITIATIVE TO INDONESIA IN DEALING

vi

ACKNOWLEDGEMENT

Alhamdulillah, finally I can finish my thesis. First, I would like to express

my greatest gratitude to Allah SWT, there is no words that can explain how grateful

I am for His blessing all this time. This thesis writing process is one the most

challenging moments in my life and without Allah who always there in my ups and

down, it is impossible for me to finish it.

I dedicate this thesis and degree to my beloved family, my mother Arlita

Chaironi, my father Sofyan Souri, my brothers Arief Fajryanto and Yanuar Rizki.

Thank you for the endless love, support, guidance, and prayer that you gave me. I

may not a perfect daughter and sister, but you know how much I love you and how

much I try my best to make you happy. I am so grateful to be born in such lovely

family, I cannot thank Allah enough for that.

Dr. Muhammad A.S Hikam, MA.APU, my super and humble thesis

supervisor, thank you so much for your suggestion, guidance, and patience. I am so

fortunate to have an advisor like you and I cannot expect better thesis advisor than

you.

Thank you also for Mr. Indra Alverdian, who has helped me by spare his

time and giving suggestion in this thesis writing. Mr. Hendra Manurung as Head of

IR Study Program, Mr. Haris Rahmat Pratama as my internship advisor, and all of

IR lecturers that I cannot mentioned one by one, thank you for every valuable

knowledge and learning experiences that you have taught and gave me.

Another special thanks to Mr. Ahmad Firdaus, Mr. Topan Renyaan and Mr.

Syam Widarda as RPOA Secretariat member, thank you for provide me such a

valuable sources for my thesis and give me insight regarding the RPOA and how it

works. Without data and information from you, I have been not able to finish this

thesis.

Page 8: THE SUPPORTS OF RPOA INITIATIVE TO INDONESIA IN DEALING

vii

For Novy, thank you for becoming such a great supporter and a best friend

to lean on and especially thank you for accommodate me a room, printer, and Wi-

Fi during my stay at Jakarta. For Petri, Jasmine, Hari, Agatha, Andini, and Silmi

thank you for all laugh, joy, silliness, bad and good day in this past 3,5 year of our

study in IR. For Chintya, Abdul, and Elok, thank you for being such incredible

thesis squad. Thank you for every story, companion, sharing session, discussion,

and suggestion during the thesis writing process.

For Ayu, thank you for being an amazing roommate for 3 years, thank you

for every time and journey we spend with, I appreciate it. Thank you also goes to

Kak Micchi, my lovely former dorm-mate, thank you for being a sister for me and

thank you for your suggestion and guidance in the beginning of thesis writing

process when I am really confused. Obviously special thanks to Kak Qiqi, a best

sister in this uni life that I can ask for, who always accompanied to looking data and

information in MMAF, thank you for those time, energy, and money that you spend

because of me during this past 4 months.

For Diverventure family especially Diverventure batch 12: Yoyo, Dita,

Dila, Tya, Chintya, Nata, Nisa, Shinta, Bryan, Faris, Bagus, and Danar (as well as

Ayu that have mentioned earlier), thank you for every journey we spend in ups and

down, in the good and bad day, in laugh and cry. You guys are beyond a best friend,

you are perfect in your imperfection.

Last, thank you for every person that I met in Presuniv Magazine, Charity

Club, President University, and President University Student Housing that I cannot

mentioned one by one, you guys complete me in this incredible uni life.

Cikarang, 27 January 2017

Dhanny Safitri

Page 9: THE SUPPORTS OF RPOA INITIATIVE TO INDONESIA IN DEALING

viii

TABLE OF CONTENTS

THESIS ADVISER RECOMMENDATION LETTER .................. Error! Bookmark not defined.

DECLARATION OF ORIGINALITY ........................................... Error! Bookmark not defined.

PANEL OF EXAMINERS APPROVAL SHEET .......................... Error! Bookmark not defined.

ABSTRACT ................................................................................................................................. iv

ABSTRAK .................................................................................................................................... v

ACKNOWLEDGEMENT ............................................................................................................ vi

TABLE OF CONTENTS ........................................................................................................... viii

LIST OF FIGURES ....................................................................................................................... x

LIST OF TABLES ....................................................................................................................... xi

LIST OF ACRONYMS ...............................................................................................................xii

CHAPTER I INTRODUCTION .................................................................................................... 1

I.1 Background of the Study ...................................................................................................... 1

I.2 Problem Identification .......................................................................................................... 3

I.3 Statement of the Problem ..................................................................................................... 4

I.4 Objective of the Study .......................................................................................................... 4

1.5 Significance of the Study ..................................................................................................... 4

I.6 Theoretical Framework ........................................................................................................ 5

1.6.1 Non-Traditional Security (NTS) ...................................................................................... 5

I.6.2 Regionalism ..................................................................................................................... 7

1.6.3 National Interest .............................................................................................................. 7

I.7 The Scope and Limitations of the Study ............................................................................... 8

I.8 Definition of Terms .............................................................................................................. 9

I.9 Thesis Outline .................................................................................................................... 10

CHAPTER II LITERATURE REVIEW ...................................................................................... 13

CHAPTER III METHODOLOGY ............................................................................................... 17

III.1 Research Method ............................................................................................................. 17

III.2 Research Framework ....................................................................................................... 18

III.3 Research Time and Place ................................................................................................. 19

III.4 Research Instrument ........................................................................................................ 20

CHAPTER IV ILLEGAL, UNREPORTED, AND UNREGULATED FISHING IN INDONESIA

.................................................................................................................................................... 21

IV.1 Concept of IUU Fishing................................................................................................... 21

IV.2 The Development of IUU Fishing Concept ...................................................................... 24

Page 10: THE SUPPORTS OF RPOA INITIATIVE TO INDONESIA IN DEALING

ix

IV.2.1 Development through Commission of Conservation of Antarctic Marine Living

Resources ............................................................................................................................... 24

IV.2.2 Development through Food and Agriculture Organization ........................................... 25

IV.3 IUU Fishing in Indonesia ................................................................................................. 27

IV.3.1 Overview of IUU Fishing in Indonesia ........................................................................ 27

IV.3.2 Causes of IUU Fishing in Indonesia ............................................................................. 33

IV.3.3 Impacts of IUU Fishing in Indonesia ........................................................................... 38

CHAPTER V THE REGIONAL PLAN OF ACTION (RPOA) ................................................... 40

V.1 Establishment of Regional Plan of Action ......................................................................... 40

V.2 The Action Plan of the Regional Plan of Action ................................................................ 43

V.3 Organizational Structure of the Regional Plan of Action ................................................... 46

V.4 The Development of Regional Plan of Action ................................................................... 48

V.5 Indonesia’s Involvement on the Regional Plan of Action .................................................. 52

CHAPTER VI THE ANALYSIS OF THE SUPPORTS OF RPOA INITIATIVE TO INDONESIA

IN DEALING WITH ILLEGAL FISHING (2012-2016) ............................................................. 56

VI.1 The Overview of RPOA MCS Networks ......................................................................... 56

VI.2 RPOA Sub-Regional MCS Networks .............................................................................. 59

VI.2.1 RPOA Sub-Regional of the Arafura and Timor Seas MCS Networks ........................... 59

VI.2.1.1 Information Sharing ........................................................................................... 59

VI.2.1.2 Cooperative Intelligence Gathering .................................................................... 59

VI.2.1.3 Cooperative Operations ...................................................................................... 61

VI.2.2 RPOA Sub-Regional of the Southern and Eastern Area of the South China Sea and the

Sulu-Sulawesi Seas MCS Networks ....................................................................................... 64

VI.2.2.1 Information Sharing ........................................................................................... 64

VI.2.2.2 Simplification of Workplan ................................................................................ 65

VI.3 RPOA Regional MCS Network through IUU Fishing Vessel List .................................... 66

VI.4 The Weaknesses of RPOA MCS Networks ...................................................................... 75

CHAPTER VII CONCLUSION AND RECOMMENDATION ................................................... 77

BIBLIOGRAPHY ....................................................................................................................... 81

APPENDIX ................................................................................................................................. 86

Page 11: THE SUPPORTS OF RPOA INITIATIVE TO INDONESIA IN DEALING

x

LIST OF FIGURES

Figure 1. 1 Scheme of framework for the support of RPOA MCS Networks to Indonesia,

constructed by the writer ............................................................................................ 5

Figure 3. 1 The research framework used by the writer in explaining the whole

part of the thesis…...........................……………..................................................18

Figure 4. 1 Map of Management and Exploitation Region (WPP) of marine

fisheries (Permen KP No. PER.01/Men/2009)……………………...……...........28

Figure 4. 2 World Capture Fisheries Production (1960-2014)..............................33

Figure 5. 1 The RPOA Organizational Structure...................................................46

Figure 6. 1 Map of RPOA MCS Sub-Regional Network of the Gulf of

Thailand..................................................................................................................57

Figure 6. 2 Map of RPOA MCS Sub-Regional Network of the Southern and

Eastern of South China Sea and Sulu Sulawesi Seas ............................................ 58

Figure 6. 3 Map of RPOA MCS Sub-Regional Network of the Arafura and Timor

Seas ....................................................................................................................... 58

Figure 6. 4 Map of Dog Leg Area ......................................................................... 60

Figure 6. 5 Photograph of vessel Fu Yuang Yn 167 (left) and Fu Yuang Yu 165

(right) from the Australia surveillance .................................................................. 63

Figure 6. 6 Identification of FV Thunder by Australia Fisheries Management

Authority (AFMA) ................................................................................................ 71

Figure 6. 7 Photograph of FV Thunder by Australia on 14 April 2014 ................ 71

Figure 6. 8 Identification of FV Viking by Australia Fisheries Management

Authority (AFMA) ................................................................................................ 72

Page 12: THE SUPPORTS OF RPOA INITIATIVE TO INDONESIA IN DEALING

xi

LIST OF TABLES

Table 3. 1 The Timeline of the research ............................................................... 19

Table 4. 1 Regions of WPP-NRI…………………................................................29

Table 4. 2 IUU Fishing Practice in Indonesia year 2006-2013..............................32

Table 5. 1 The RPOA Activities 2012-2016…………..........................................50

Table 6. 1 RPOA Vessel Movement and Sighting List on 2013 .......................... 68

Table 6. 2 RPOA Vessel Movement and Sighting List on 2014 .......................... 68

Table 6. 3 RPOA Vessel Movement and Sighting List on 2015 .......................... 69

Table 6. 4 RPOA Vessel Movement and Sighting List on 2016 .......................... 69

Page 13: THE SUPPORTS OF RPOA INITIATIVE TO INDONESIA IN DEALING

xii

LIST OF ACRONYMS

AFMA : Australian Fisheries Management Authority

CCRF : The Code of Conduct for Responsible Fisheries

EEZ : Exclusive Economic Zone

FAO : Food and Agriculture Organization

IPOA-IUU : International Plan of Action to Prevent, Deter, and Eliminate IUU

Fishing

IUU : Illegal, Unreported, and Unregulated

MCS : Monitoring, Control, and Surveillance

MMAF : Ministry of Marine Affairs and Fisheries

NPOA-IUU : National Plan of Action to Prevent and to Combat IUU fishing

PSM : Port State Measures

RPOA : Regional Plan of Action

SEAFDEC : Southeast Asian Fisheries Development Center

SIKPI : Surat Izin Penagkapan Ikan (Fish Carrier License)

SIPI : Surat Izin Penangkapan Ikan (Fishing License)

SIUP : Surat Izin Usaha Perikanan (Fisheries Business Permit)

VMS : Vessel Monitoring System

WPP-NRI : Wilayah Pengelolaan Perikanan Negara Republik Indonesia

(Fisheries Management Area of the Republic of Indonesia)

Page 14: THE SUPPORTS OF RPOA INITIATIVE TO INDONESIA IN DEALING

1

CHAPTER I

INTRODUCTION

I.1 Background of the Study

Indonesia is one of the largest archipelagic countries in the world, consisting

of 17,504 islands and two thirds of its territory is dominated by ocean. With a

coastline length of 81.000 km, Indonesia has the second longest coastline in the

world. Strategically, its geographical location between two continents, Asia and

Australia, and between two oceans, the Indian and Pacific, has made it become one

of the busiest trade routes. These advantages make Indonesian territorial waters

very important in terms of geopolitical, political, economical, and security

considerations.

Moreover, the Indonesian waters is rich with natural resources including in

fisheries sector. Indonesia is third in position of the top fishing countries, after

China and Vietnam.1 Based on the FAO, Indonesia’s fishery production reaches

approximately 8.9 million tonnes.2 This fact affects the increasing possibility of

maritime resource exploitation by the internal and external parties of Indonesia.

Globally, until 2003, 75 percent of the fisheries in the world are already

being fully exploited, overexploited, or depleted.3 Irresponsible exploitation

fisheries such as illegal, unregulated, and unreported (IUU) fishing are factors that

become threats to the sustainability of the world’s fisheries. One of the international

organizations that is concerned and regulates the IUU fishing issue is the FAO. The

FAO has formulated a Code of Conduct for Responsible Fisheries with the focus of

1 Food and Agriculture Organization of the United Nations. Fisheries and Aquaculture Department.

(2007). The state of world fisheries and aquaculture, 2006. Rome: Food and Agriculture

Organization of the United Nations. 2Food and Agriculture Organization of United Nations. (n.d.). Fisheries and Aquaculture Country

Profiles: The Republic of Indonesia. Retrieved from http://www.fao.org/fishery/facp/IDN/en 3 Food and Agriculture Organization of United Nations. (2003). FAO calls for intensified action to

combat illegal fishing. Retrieved from http://www.fao.org/english/newsroom/news/2003/25379-

en.html

Page 15: THE SUPPORTS OF RPOA INITIATIVE TO INDONESIA IN DEALING

2

marine ecosystem sustainability and its resources. The overall objective of the Code

of Conduct for Responsible Fisheries is sustainable fisheries. The FAO realizes the

issues of IUU fishing in the world’s fisheries as a serious and increasing concern.

The efforts to conserve and manage fish stocks are undermined by IUU fishing. The

FAO believes that IUU fishing can lead to the collapse of the fisheries industry,

which is also a blow to efforts of returning the fisheries resources to its maximum

condition in as it was in the past.4

Illegal fishing itself, categorically, is a part of a non-traditional security

(NTS) threat along with issues such as climate change, human trafficking, animal

trafficking, and drug smuggling. As having the second largest coastline in the world

and its rich natural resources as mentioned above, Indonesia has become the target

of IUU fishing practices and has frequently experienced the practices of IUU fishing

in their waters. Indonesia claims that the country loses up to 3 million tonnes of fish

per year, which would have a value of around 300 billion rupiah or US$22 billion

in revenue.5 This means that due to IUU fishing practices in its territorial waters,

Indonesia faces non-traditional security threats in the country.

To make sure of the availability of fish for future generations, some

countries and organizations have taken action to preventing, tackling, and

combating the irresponsible fisheries exploitation like IUU fishing. Indonesia still

frequently facing the IUU fishing practice although many efforts have been

conducted to stop it. In the case of Indonesia, the country not only tries to prevent

and combat illegal fishing through national policies, they also build and maintain

bilateral, regional, and multilateral cooperation.

4 (2001). International Plan of Action to Prevent, Deter, and Eliminate Illegal, Unreported and

Unregulated Fishing pdf. Rome: Food and Agriculture Organization of the United Nations 5 Johara and Sir. (2015, November 22). Jokowi: Indonesia Rugi Rp300 Triliun Akibat Pencurian

Ikan. Retrieved from POSKOTANEWS: http://poskotanews.com/2015/11/22/jokowi-indonesia-

rugi-rp300-triliun-akibat-pencurian-ikan /

Page 16: THE SUPPORTS OF RPOA INITIATIVE TO INDONESIA IN DEALING

3

I.2 Problem Identification

In an effort to combat IUU fishing in Indonesia and in the region of

Southeast Asia, Indonesia has entering the regional cooperation with ten

neighboring countries. For instance, Indonesia and Australia have initiated the

establishment of the Regional Plan of Action to Promote Responsible Fishing

Practices including Combating Illegal, Unreported and Unregulated Fishing in the

Region, known as RPOA. The RPOA was agreed and signed by fishery ministers

of 11 countries, including Indonesia, Australia, Timor Leste, Papua New Guinea,

Singapore, Malaysia, Brunei Darussalam, Vietnam, the Philippines, Cambodia and

Thailand on 4th May 2007 in Bali, Indonesia.6

The RPOA has eleven core actions, which cover the issues of the current

resource and management situation in the region; implementation of international

and regional instruments; roles of regional and multilateral organizations; coastal

state responsibilities; flag state responsibilities; port state measures; regional market

measures; regional capacity building, strengthening the monitoring, control, and

surveillance (MCS) system; transshipment at sea; and implementation.7

The writer would like to give explanations about the RPOA as one of

regional cooperation that can support Indonesia in combating the non-traditional

security (NTS) threat, focused on IUU fishing. Hence, the writer will particularly

focus on Indonesia’s involvement in the RPOA core actions of strengthening

monitoring, control, and surveillance (MCS). In order to practice the core action,

RPOA participating country should enter the RPOA MCS Network. Hence, this

thesis aims to describe how involvement of Indonesia on RPOA regional and sub-

regional MCS networks has supporting Indonesia’s efforts in combating IUU

fishing activities (2012-2016).

6 Ida Kusuma Wardhaningsih, Budi Halomoan, Ardiansyah, Rochman Nurhakim, Saiful Umam,

Verra Septiowati, Edwin Suharyadie, Aji Baskoro, Ahmad Firdaus, Azhimi R. Sutiadi. (2011).

Regional Plan of Action Activities 2006-2011. Retrieved from: Secretariat of RPOA IUU Fishing.

Indonesia. Jakarta. 7 Ibid

Page 17: THE SUPPORTS OF RPOA INITIATIVE TO INDONESIA IN DEALING

4

I.3 Statement of the Problem

This thesis aims to describe the use of the RPOA sub-regional and regional

MCS networks in supporting Indonesia in combat IUU fishing practices during the

period of 2012-2016. Based on what has been stated above, the research question

is as follows:

“How has the RPOA initiatives through MCS Networks in

supporting Indonesia’s effort to combat the existing IUU fishing

in its territory during the period of 2012-2016?”

I.4 Objective of the Study

According to the statement of the problem above, the objective of this thesis is

twofold:

To describe the RPOA MCS network and Indonesia’s involvement as one

of Indonesia strategies in combating IUU fishing practices.

To explain the use of the RPOA MCS network in order to combating IUU

fishing in Indonesia from 2012-2016

1.5 Significance of the Study

The significance of this study regarding the use of the RPOA in combating IUU

fishing in Indonesia is as stated as follows:

To describe the RPOA in general as the regional cooperation of 11 countries

in combating IUU fishing.

To describe specifically the RPOA’s core actions on strengthening MCS

through the sub-regional and regional networks and Indonesia’s

involvement as a participating country towards it, in support of the efforts

of combating IUU fishing within Indonesian water zones.

To contribute in academic interest, particularly research activities in the

field of International Relations, whose focus is on illegal fishing as one of

the most important non-traditional security threats.

Page 18: THE SUPPORTS OF RPOA INITIATIVE TO INDONESIA IN DEALING

5

I.6 Theoretical Framework

To accommodate the need of understanding the case of Indonesia's effort in

combating IUU fishing through regional cooperation by the practice of the RPOA

core action plan, it is appropriate to use the theory of regionalism and concepts of

NTS and national interest.

1.6.1 Non-Traditional Security (NTS)

In international relations study, many would consider that security is one

of the most important areas of study. The discipline of security was emerged

after World War I and II. Barry Buzan, one of a scholar that studies international

relations perceived security as:

“In the case of security, the discussion is about the pursuit of

freedom from threat. When this discussion is in the context of

international system, security is about the ability of states and

Figure 1. 1 Scheme of framework for the support of RPOA MCS Networks to Indonesia,

constructed by the writer

Non-Traditional

Security (IUU

Fishing)

Indonesia

RPOA

RPOA

MCS

Network

Indonesia

IUU Fishing

Problem

National

Interest

Regionalism

Page 19: THE SUPPORTS OF RPOA INITIATIVE TO INDONESIA IN DEALING

6

societies to maintain their independent identity and their

functional integrity”8

The idea of security has continuously been discussed and at the end of

Cold War, there has been a growing awareness on the need to widen the concept

of security due to globalization, environmental degradation and international

terrorism. Globalization has impacted the nature of IR and our understanding of

international relations, which has also impacted our understanding and

conceptualization of security. These changes have led to a realization about the

sources of security and insecurity and the actors involved. In conventional

views, security threats are the result of one state’s actions to other states

especially regarding military threats; these issues are regarded as traditional

security. However, globalization has broadened the concept of security further

than that. Globalization has emerged the realization of people towards non-

traditional security. 9

NTS threats could be defined as threats to the states by non-military

actions. NTS threats are perceived as the result of non-state actors like

individuals or sub-groups; below the level of the states. The issues on NTS

threats include climate change, intellectual property rights, human trafficking,

animal trafficking, drug smuggling, money laundering, illegal fishing, and so

on.

Hereby, the concept of NTS will be used in explaining the IUU fishing

practice. Therefore, Indonesia has conducted many efforts to combat IUU

fishing in order to protect the nation from these non-traditional security threats.

This leads to establishment and involvements of eleven countries in Southeast

Asia region and its surrounding on the regional cooperation, RPOA.

8Worall, J. (2014). The Evolution of Non-Traditional Security. In International Relations (p. 186).

Kuala Lumpur, Malaysia: Pearson Malaysia Sdn Bhd. 9 Ibid

Page 20: THE SUPPORTS OF RPOA INITIATIVE TO INDONESIA IN DEALING

7

I.6.2 Regionalism

According to Josep Nye, regionalism is:

“In the descriptive sense (it means)… the formation of interstate

associations or groupings on the basis of regions; and in the

doctrinal sense, the advocacy of such formations.”10

Meanwhile, according to the late Hasnan Habib, one of prominent voice in

Indonesia aptly put it as follows:

“Regionalism is the expression of regional consciousness that

develop from a sense of identity among states situated in

geographical proximity which motivates them to mutually

cooperate in one or another mode to attain common goals,

satisfy common needs or to solve political, economic, and other

practical problem.”11

To put it simply, regionalism generally indicates the multilateral

groupings of neighboring nations. Regionalism is largely perceived as one of

the few instruments that are available to manage the impact of globalization.12

Indonesia and other ten neighboring countries that joined the RPOA have shared

water zones and mutual interest in protecting their nations and regions from

IUU fishing practices. Hence, the regionalism is use by the writer in explaining

the action taken by the RPOA’s participating country in their involvement in

RPOA and its MCS networks.

1.6.3 National Interest

According to Brookings Institution, the term of national interest is what

a nation feels to be necessary to its security and well being. Meanwhile,

according to Vernon Von Dyke, national interest means the values, desires, and

interest of a state which they seek to protect or achieve in relation to each

10 Dosch, J. (2014). Regionalism and Regional Integration: The Case of ASEAN. In International

Relations (p. 93). Kuala Lumpur, Malaysia: Pearson Malaysia Sdn Bhd. 11 Ibid 12 Dosch, J. (2014). Regionalism and Regional Integration: The Case of ASEAN. In International

Relations (p. 93). Kuala Lumpur, Malaysia: Pearson Malaysia Sdn Bhd.

Page 21: THE SUPPORTS OF RPOA INITIATIVE TO INDONESIA IN DEALING

8

other.13 Broadly, the national interest is a goals of a states which they want to

achieve.

In this thesis, the writer use the concept of national interest to explain

Indonesia’s reason in joining the RPOA and the RPOA MCS Network, in which

national interest of Indonesia in this case is to combat IUU fishing. Indonesia’s

interest to combat IUU fishing is in order to protect its fisheries resources and

ecosystem, food security, and other negative impact that might be caused by

IUU fishing activities as they are very crucial to the state and the lives of the

Indonesian people. Hence, to achieve the Indonesia national interest in

combating IUU fishing need to face through regional cooperation since the IUU

fishing cannot be combat solely by Indonesia due to the actor of IUU fishing is

came from both Indonesia and foreign fishing vessel where they conduct their

activities in the waters zone of Indonesia or other country.

I.7 The Scope and Limitations of the Study

This research describes and explaines the Indonesian efforts to combat the

IUU fishing, focusing on the involvement of Indonesian Ministry of Marine Affairs

and Fisheries (MMAF) on the RPOA. The RPOA core action that want to be

highlighted by the writer is strengthening the MCS system through the RPOA MCS

Networks. The scope and limitations of this research are:

The effort of Indonesia in combating IUU fishing through regional

cooperation of RPOA, particularly the RPOA MCS networks

This thesis will not examine the effectiveness of the RPOA and RPOA MCS

Networks.

The periodization is from 2012-2016

13 National Interest: Meaning, Components and Methods. (n.d.). Retrieved from

http://www.yourarticlelibrary.com/international-politics/national-interest-meaning-components-

and-methods/48487/

Page 22: THE SUPPORTS OF RPOA INITIATIVE TO INDONESIA IN DEALING

9

I.8 Definition of Terms

1.1.1 Illegal, Unreported and Unregulated (IUU) fishing (FAO IPOA-IUU)

Illegal fishing refers to activities:

- conducted by national or foreign vessels in waters under the

jurisdiction of a state, without the permission of that state, or in

contravention of its laws and regulations;

- conducted by vessels flying the flag of states that are parties to a

relevant regional fisheries management organization but operate in

contravention of the conservation and management measures adopted

by that organization and by which the states are bound, or relevant

provisions of the applicable international law; or

- in violation of national laws or international obligations, including

those undertaken by cooperating states to a relevant regional fisheries

management organization.

Unreported fishing refers to activities:

- which have not been reported, or have been misreported, to the

relevant national authority, in contravention of national laws and

regulations; or

- undertaken in the area of competence of a relevant regional fisheries

management organization which have not been reported or have been

misreported, in contravention of the reporting procedures of that

organization.

Unregulated fishing refers to activities:

- in the area of application of a relevant regional fisheries management

organization that are conducted by vessels without nationality, or by

those flying the flag of a state not party to that organization, or by a

fishing entity, in a manner that is not consistent with or contravenes

the conservation and management measures of that organization; or

Page 23: THE SUPPORTS OF RPOA INITIATIVE TO INDONESIA IN DEALING

10

- in areas or for fish stocks in relation to which there are no applicable

conservation or management measures and where such fishing

activities are conducted in a manner inconsistent with state

responsibilities for the conservation of living marine resources under

international law.

1.1.2 Vessel (RPOA)

Vessel means any vessel, ship of another type or boat used for, equipped

to be used for, or intended to be used for, fishing or fishing related activities;

where fishing related activities means any operation in support of, or in

preparation for, fishing, including the landing, packaging, processing,

transshipping or transporting of fish that have not been previously landed at a

port, as well as the provisioning of personnel, fuel, gear and other supplies at sea.

1.1.3 Monitoring, Control, and Surveillance (FAO Term Portal)

Monitoring, Control and Surveillance refers to activities undertaken by

the fishery enforcement system to ensure compliance with fishery regulations:

Monitoring is the collection, measurement and analysis of fishing capacity

including, but not limited to catch, species composition, fishing effort, by-

catch, discards, areas of operation;

Control involves the specification of the terms and conditions under which

resources can be harvested

Surveillance involves the regulation and supervision of fishing activity to

ensure that national legislations as well as terms and conditions of access

and management measures are observed.

I.9 Thesis Outline

I.9.1 Chapter I – Introduction

The first chapter is an introduction of the research by describing what

topic is being discussed and observed. The structure of this chapter includes the

background of the study, problem identification, statement of the problem,

Page 24: THE SUPPORTS OF RPOA INITIATIVE TO INDONESIA IN DEALING

11

objective of the study, significant of the study, theoretical framework, scope and

limitations of the study and thesis outline. This chapter is intended to give the

readers a glance of the main discussion of the research.

I.9.2 Chapter II – Literature Review

The second chapter of this study will give information about literatures

used by the writer as the reference during the writing process of this thesis. The

writer will give the overview about several literature and explain why it is relevant

and significantly influencing this thesis.

I.9.3 Chapter III – Research Methodology

The third chapter of this study is about the research methodology. In this

chapter the writer will explain about the type of analysis approach is used in

writing this thesis, the instrument of research, and the time and place of research

being conducted.

1.9.4 Chapter IV - The Overview of Illegal, Unreported, and Unregulated

Fishing in Indonesia

The fourth chapter of this study will describe the illegal, unregulated, and

unreported (IUU) that has happened in Indonesia. This chapter will be divided

into several subtopics that will be explaining the concept of IUU fishing, the

development through in world fisheries, and the practices of IUU fishing in

Indonesia including the overview, causes, and impacts of IUU fishing in

Indonesia.

1.9.5 Chapter V – The Regional Plan of Action (RPOA)

The fifth chapter will give an overview of what is Regional Plan of Action

(RPOA), from the history of establishment, the member, organizational structure,

core action plans, its development, up to how Indonesia’s involvement in this

regional cooperation.

Page 25: THE SUPPORTS OF RPOA INITIATIVE TO INDONESIA IN DEALING

12

1.9.6 Chapter VI – The Analysis of the Supports of RPOA Initiative to

Indonesia in Dealing with Illegal Fishing (2012-2016)

The sixth chapter of this study firstly will describe and explain explains

about the RPOA monitoring, control, and surveillance (MCS) sub-regional

networks and the regional network. Then, the writer finally will explain about the

analysis of the use of RPOA MCS networks in supporting Indonesia’s effort in

combating IUU fishing practices in Indonesian waters during 2012-2016.

I.9.6 Chapter VII – Conclusion and Recommendation

At the final chapter, the writer will evaluate all the material that has been

discussed in this thesis and present the conclusion of the study that already

conducted by the writer.

Page 26: THE SUPPORTS OF RPOA INITIATIVE TO INDONESIA IN DEALING

13

CHAPTER II

LITERATURE REVIEW

In this chapter, the writer will review some of references that used by the

writer in writing the thesis. This references become a great help for the writer since

it providing the information and explanation about fisheries and IUU fishing issues

and its related studies.

II.1 Supremasi Hukum: Illegal Unreported and Unregulated (IUU)

Fishing: Upaya Mencegah dan Memberantas Illegal Fishing dalam

Membangun Poros Maritim Dunia

Abdul Qodir Jaelani and Udiyo Basuki (Jaelani & Basuki, 2014), Illegal

Unreported and Unregulated (IUU) Fishing: Upaya Mencegah dan Memberantas

Illegal Fishing dalam Membangun Poros Maritim Dunia is one of journal article in

Supremasi Hukum. This journal article gives a deep understanding about

development of laws on fisheries management including those laws which focus on

preventing and eradicating IUU fishing. Jaelani and Basuki firstly gave an

introduction about Indonesia’s geographic and fisheries condition including the

threat of IUU fishing faces by the country. This journal article continue by

describing the factors and the impacts of IUU fishing of IUU fishing for the fisheries

sustainability of Indonesia, in which this is become a great reference for the writers

in writing the thesis.

Furthermore, the journal article enter into the main part of discussion by

explaining the Indonesia’s efforts in prevent and eradicate IUU fishing in order

develop Indonesia as maritime axis. Jaelani and Basuki elaborating on the

Indonesia’s effort in prevent and eradicate IUU fishing through the adoption of

international and national law as the legal basis of fisheries management. Despite

the existed law, Jaelani and Basuki argued that Indonesia still faces IUU fishing. It

Page 27: THE SUPPORTS OF RPOA INITIATIVE TO INDONESIA IN DEALING

14

is seen from the development of Penerimaan Negara Bukan Pajak (PNBP) that has

fluctuated.

II.2 International Relations

Mohd Azizuddin Mohd Sani and Knocks Tapiwa Zengeni (Sani &Zengeni,

2014), International Relations, offers an introduction to the study of International

Relations (IR). The book is like a bible for people that study IR, it introduces all the

most important theories and concepts within the academic field and explain about

the nature and development of the discipline of IR. Sani &Zengeni divided the book

into 13 chapters, which are about the introduction of IR, the development of IR in

the 20th century, IR theory today: post positivism and change, the evolution of

international system, public international law, regionalism and regional integration,

foreign policy, diplomacy, globalization, theories of international political

economy, the evolution of NTS, international politics and environmental policies,

and epilogue. The book is very useful in helping the writer to choose the suitable

theory and concept to analyze the issues in this thesis. In which, the theory and

concept of IR is very important to understand and explain the behavior of actors in

world politics, as well as helping in determine what kind point of view the writer

will use and stand on.

Thus, the writer use the concept of non-traditional security written by James

Worall and regionalism written by Jorn Dosch. Worall mentioned that the process

of globalization was have a dramatic impact on the nature of IR in which this

impacted on the understanding and conceptualization of security. It led to a

realization that there is an increasingly importance of actors rather than the state

and that sources of security and insecurity has been broadened. In another hand, the

concept of regionalism is explained by Jorn Dosch. He explained that there is a

form of ‘new regionalism’, in which the earlier form of regionalism was emerged

in a context of post-colonial restructuring, economic protectionism, or regional

security concern, while the form of new regionalism was emerged as the response

of globalization.

Page 28: THE SUPPORTS OF RPOA INITIATIVE TO INDONESIA IN DEALING

15

III.3 Analysis of the Adequacy of the Philippine Legal, Policy, and

Institutional Framework to Combat Illegal, Unreported, and

Unregulated Fishing

Mary Ann Palma (Palma, 2006), Analysis of the Adequacy of the Philippine

Legal, Policy, and Institutional Framework to Combat Illegal, Unreported, and

Unregulated Fishing, offers a description about national and international legal

framework concerning the fisheries management including combating IUU fishing

adopted by the Philippines. Palma was focused on the Philippines, however Palma’s

study still related with this thesis in how it explained the legal frameworks used by

Philippines some are same as those adopted by Indonesia such as the IPOA-IUU.

Palma explaining the IUU definition of IUU fishing provided by the IPOA-IUU and

how such international fisheries instrument adopted as a measure to address IUU.

Moreover, Palma provide a comprehensive explanation about the history of

IUU fishing concept and how its development through international fisheries

institutions and forum such as the development of IUU fishing under CCAMLR

and UN FAO. Hence, this study become a guidance of the writer in constructing

the outline of the thesis.

III.4 Illegal, Unreported, and Unregulated Fishing: An Analysis of

the Legal, Economic, and Historical Factors Relevant to its

Development and Persistence

Rachel Braid (Braid, 2014) in her journal article have been provided and

reviewed the developments of IUU fishing practices. In which thus developments

have create political, economic, and legal environment where the emergence of IUU

fishing was cannot be avoided. Braids argues that IUU fishing has become one of

serious concern to the sustainable management of fisheries in the global, regional

and national level. The increasing threat of IUU fishing has draws global reaction

in the form of the IPOA-IUU and OECD Workshop on IUU Fishing.

Braid also explaining that the regional institution, RFMOs, such as the

Commission of CCMALR is also actively involved in creating strategy to combat

Page 29: THE SUPPORTS OF RPOA INITIATIVE TO INDONESIA IN DEALING

16

IUU fishing. Furthermore, Braid explain that coastal state were faced similar

pressures because of IUU fishing in which they need to take effective actions to

against illegal fishing. Braid suggest that there are several strategies that need to be

considered in order to minimizing IUU fishing such as the port and market state

controls, IUU vessel database, and cooperative surveillance and enforcement.

III.5 Upaya Negara Indonesia dalam Menangani Masalah Illegal

Fishing di Zona Ekonomi Eksklusif Indonesia

Illegal fishing is often face by a state that have a lot of beaches and Indonesia

is one of it and hence Indonesia has affected by the problem of IUU fishing. The

journal written by Ignatius Yodi Widianto Setyadi (Setyadi, 2014) is offers an

explanation about several efforts taken by Indonesia in facing the problem of IUU

fishing in ZEEI. Firstly, Setyadi give an overview about the condition of IUU

fishing and EEZ of Indonesia. Second, he offers a case of the arrested foreign IUU

vessels in Indonesia's territorial water zone by providing the study case on IUU

fishing vessel with Malaysian flagged in Malaka Strait and IUU fishing vessel

Vietnam flagged in Sorong waters in West Papua.

Setyadi then analyze both study case and then provided an analysis of the

efforts taken by Indonesia government to solve the IUU fishing problem which are

by issuing a ministerial decree KEP/50/MEN/2012 on the national action plan to

eradicate IUU fishing and through regional cooperation of Regional Fisheries

Management Organization (RFMO). Setyadi argues that Indonesian government is

too soft in proceed IUU offenders and it became the reason why the IUU fishing

vessel from neighboring countries is dare to conduct illegal activities in Indonesia.

Hence, Setyadi suggest that Indonesia need more human resources in order to

control the territorial waters, he also suggest that Indonesian government need to

be more serious in responding the problem of illegal fishing.

Page 30: THE SUPPORTS OF RPOA INITIATIVE TO INDONESIA IN DEALING

17

CHAPTER III

METHODOLOGY

III.1 Research Method

Research is defined as the search for knowledge of useful information on a

particular topic through objective and systematic analysis. One of the objectives of

research is to analyze an event or process or phenomenon to identify a cause and

effect relationship.14 Research methodology is the process that used by the

reaserchers to put together the information which the information can be gathered

from publication research, interviews, or surveys.15 Basically, the research

methodology necessarily to support the data gathering that relates to this study. It

also serves the purpose of giving the work plan of research, so the writer could

written this thesis in a systematic way in order to solve or answer the research

question.

In this thesis, the writer will be conducted the study by using a qualitative

approach in order to answer the research question. The reason of the writer using

the qualitative approach because it is more suitable in order to understanding the

issues by seeing the existed phenomena and then conclude it from the sources, while

the quantitative approach cannot explain since it more about numerical or statistical

analysis which do not fit with the problem. Hence, in this thesis, the writer has the

purpose in analyze and understand the role of Regional Plan of Action (RPOA)

particularly its MCS networks in supporting Indonesia’s efforts in combating IUU

fishing. The writer used data and information that supported the study from both

primary and secondary resources.

14 S. Rajasekar, S., Philominathan, P., & Chinnathambi, V. (2013, October 14). Research

Methodology. Retrieved from http://arvix.org/pdf/physic/0601009.pdf 15 Business Dictionary. (n.d.). Definition and meaning: What is research methodology? Retrieved

from http://www.businessdictionary.com/definition/research-methodology.html

Page 31: THE SUPPORTS OF RPOA INITIATIVE TO INDONESIA IN DEALING

18

III.2 Research Framework

Figure 3. 1 The research framework used by the writer in explaining the whole part of the thesis

Through the Figure 3.1 above, the reader could find out the flow of the

discussion in this thesis. The study starts with describing and explaining the IUU

fishing in Indonesia from giving brief overview of Indonesia's fisheries

management, the factors of IUU fishing, and the impacts. Then, the study continue

by explaining the involvement of Indonesia in a regional cooperation namely the

Regional Plan of Action (RPOA) together with other 10 countries in the region in

order to combat IUU fishing. The main discussion of this thesis is about the

involvement of Indonesia and other countries in implementing the core action

strengthening, monitoring, control, and surveillance (MCS) system in the region

through entering the RPOA MCS networks. The writer, particularly will analyzing

the role of RPOA MCS networks in supporting Indonesia's effort in combating IUU

fishing, Moreover, this study will show the outcomes of thus Indonesia's

involvement and also find out what is the weaknesses of the networks.

IUU Fishing practice in Indonesia

Indonesia involvement in the RPOA

RPOA core action in

strengthening MCS system

The use of RPOA MCS sub-regional and regional networks for

Indonesia

Page 32: THE SUPPORTS OF RPOA INITIATIVE TO INDONESIA IN DEALING

19

III.3 Research Time and Place

III.3.1 Research Timeline

The writer conducted the study for this thesis from September 2016 until

January 2017, the detail as below:

September October November December January February March

1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4

Research

Writing of

the Thesis

Submission

of the

Final Draft

Thesis

Defence

Submission

of the

Thesis

Table 3. 1 The Timeline of the research

III.3.2 Research Place

This research is processed in several places, as follows:

Adam Kurniawan Library of President University at Jl. Ki Hajar

Dewantara, Jababeka Education Park, Cikarang, West Java.

The Secretariat of RPOA office on the Mina Bahari IV Building of

Ministry of Marine Affairs and Fisheries at Jl. Batu, RT.6/RW.1,

Gambir, Central Jakarta

The writer’s residence.

Page 33: THE SUPPORTS OF RPOA INITIATIVE TO INDONESIA IN DEALING

20

III.4 Research Instrument

There are two types of sources used by the writer in conducting the study,

which are the primary and secondary sources.

Primary sources: the writer has obtain the data and information from the

book, report, magazines, news article, and document such as the Presidential

and Minister’s decree and regulation, in both hard and soft copy, that

published by the officials of Indonesia and other RPOA’s participating

countries and the Secretariat of RPOA including through the official website

related with the fisheries management, IUU fishing, and the RPOA itself.

Secondary sources: as the secondary source, the writer obtained the data

and information from the book, journal, report, master and doctoral thesis,

presentation material and news article that was accessed from the individual

study and from international organization including the governmental and

the non-governmental organization.

Page 34: THE SUPPORTS OF RPOA INITIATIVE TO INDONESIA IN DEALING

21

CHAPTER IV

ILLEGAL, UNREPORTED, AND UNREGULATED

FISHING IN INDONESIA

Illegal, unregulated, and unreported (IUU) fishing is a challenging issue to

the fisheries sustainability since it could lead to the depletion of fish stock.16 This

chapter will describe the general concept of IUU fishing, the development of IUU

fishing concept through Commission for the Conservation of Antarctic Marine

Living Resources (CCAMLR) and Food and Agriculture Organization (FAO) and

the general view of IUU fishing practices in Indonesia including the causes and the

impacts.

IV.1 Concept of IUU Fishing

IUU fishing has become an important world issue, especially for coastal

states. In international relations, IUU could be categorized as one form of non-

traditional security threat (NTS). It is based on the definition of NTS that, simply

speaking, means that the threats to the state are non-military actions. Southeast Asia

is one of the region, and not the only one that will face security threat due to illegal

fishing as was stated by Caroline Liss:

“Criminal activities at sea in Southeast Asia include illegal fishing,

smuggling of goods and people, fraud and piracy. With the

introduction of the concept of a 200 nautical mile Exclusive

Economic Zone (EEZ) in 1982 and the increasing problem of over

fishing in parts of the region, illegal fishing has become a security

concern and has resulted in conflict between local and foreign

fishers and the loss of revenue for affected local fishermen and their

home countries.” 17

The seas of the region have been important as it has provided people in the region

with a variety of fish and other marine resources. Thus, the rampant occurrence of

16 (2001). International Plan of Action to Prevent, Deter, and Eliminate Illegal, Unreported and

Unregulated Fishing pdf. Rome: Food and Agriculture Organization of the United Nations 17 Liss, C. (2007). The Privatisation of Maritime Security - Maritime Security in Southeast Asia:

Between a rock and a hard place?

Page 35: THE SUPPORTS OF RPOA INITIATIVE TO INDONESIA IN DEALING

22

illegal fishing in the region has become one of the most urgent and important

security issues for Southeast Asian countries.

The United Nations Convention on the Law of the Sea (UNCLOS), as the

main international legal reference on ocean management, does not particularly

mention the concept of illegal fishing. However, it does mention the measures that

may be taken to enforce laws and regulations against acts like illegal fishing, that

depends on in which area the acts are conducted, whether it is in territorial seas, the

Exclusive Economic Zone (EEZ), or in the high seas.

Furthermore, due to the growing trends of IUU fishing in the world, many

international and regional institutions have brought the issues of illegal fishing and

other maritime violations issues as the agenda on the forum to understand and to

find the solution for the issues.18 For the concept of IUU fishing, it has been

developed for years through discussion in international arena, such as the

Commission for the Conservation of Antarctic Marine Living Resources

(CCAMLR), United Nations General Assembly (UNGA), UN Food and

Agriculture Organization Committee on Fisheries (FAO-COFI), UN Commission

on Sustainable Development International Maritime Organization (IMO)

Committees.19 Hence, IUU is not a new phenomenon and the concept is

familiarized in the world of fisheries, however, according to Mary A. Palma (2006),

the terminology of ‘Illegal, Unreported, and Unregulated’ (IUU) fishing itself is a

new term.

“The IUU fishing terminology is new; however the concept of

“illegal fishing”, “unreported fishing”, and “unregulated fishing”

are not. The formulation of this terminology only led to a more

formal and collective classification of some of the longstanding

issues confronting fisheries management, with as possible view of

18 Muhamad, S. V. (2012). Illegal Fishing di Perairan Indonesia: Permasalahan dan Upaya

Penanganannya Secara Bilateral di Kawasan. Politica, 63. 19 Captain Somjade Kongrawd. (n.d.). IUU Fishing: Definition, Problems and Overcoming.

Retrieved from http://www.judge.navy.mi.th/PDF/IUU.pdf

Page 36: THE SUPPORTS OF RPOA INITIATIVE TO INDONESIA IN DEALING

23

eventually harmonising measures implemented by States to address

the problem” 20

Until now, the terms of “illegal”, “unreported”, and “unregulated” have not been

employed with precision. Nevertheless, the FAO through the International Plan of

Action to Prevent, Deter and Eliminate Illegal, Unreported, and Unregulated

Fishing (IPOA-IUU) has succeeded to provide the description of the terms.

The IPOA-IUU was not strictly defined the terms of IUU fishing, but IPOA-

IUU have been identify in general way of what may constitute "illegal fishing",

"unreported fishing", or "unregulated fishing".21 IPOA-IUU provided the scope of

each component of the term 'IUU fishing' by referring to the "nature and scope of

IUU fishing".

According to IPOA-IUU ilegal fishing refers to activities conducted by

vessels either national or foreign, under the water territory and jurisdiction of a

state, that violate the law or regulation of the state. It can also refer to activities

conducted by vessels flying the flag of a state that is party of a legally bounding

regional fisheries management organization, but do not obey the rules enforced by

the organizations. For unreported fishing it refers to the activities of fishing that

“has not been reported, or have been misreported, to the relevant national authority,

in contravention of national laws and regulations; or undertaken in the area of

competence of a relevant regional fisheries management organization which have

not been reported or have been misreported, in contravention of the reporting

procedures of that organization”. The third group of IUU fishing is unregulated

fishing, which refers to activities that are conducted either by unregistered vessels,

or “vessels without nationality”, or those flying flags of states that are not party to

RFMO(s). It can also refer to fisheries activities in areas or on fish stocks that do

not yet have management or conservation measures, where the conduct is actually

20 Palma, M. A. (2006). Analysis of the Adequacy of the Philippine Legal, Policy, and Institutional

Framework to Combat Illegal, Unreported, and Unregulated Fishing (Doctoral dissertation,

University of Wollongong, Australia). Retrieved from http://ro.uow.edu.au/theses/589. p.3 21 Ibid. p.33

Page 37: THE SUPPORTS OF RPOA INITIATIVE TO INDONESIA IN DEALING

24

against the state’s responsibility to conserve the marine ecosystem and resources

under international law.22

The description of IUU fishing “nature and scope” of IPOA-IUU has been

adopted in various levels. For example, it has been adopted as an IUU fishing

concept on international organizations such as Greenpeace, the Regional Plan of

Action (RPOA) and in the national level it has been adopted by the National Plan

of Action (NPOA) of RPOA’s State member.

Indonesia have no particular definition pertaining to IUU fishing in its

fisheries regulations. Before 2012, the Government defined IUU fishing by all kind

of activities that violates national fisheries law including Law no. 31 year 2004, as

amended by Law no. 45 year 2009, concerning Fisheries particularly in article 1

that regulate the requirement to request for fishing permit.23 However, by 2012

Indonesia also has adopted the IPOA’s IUU fishing concept on its NPOA.

IV.2 The Development of IUU Fishing Concept

IV.2.1 Development through Commission of Conservation of Antarctic

Marine Living Resources

The continued degradation of ocean and marine habitats as the result of

the lack of adequate governance of the high seas area has contributed to the

establishment of the Commission of Conservation of Antarctic Marine Living

Resources (CCAMLR).24 The CCAMLR was established in 1982 by an

international convention with the objective of conserving Antarctic marine life

through the Antarctic Treaty. This was a response to the increasing activity that

22 International Plan of Action to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated

Fishing (IPOA-IUU). Retrieved October 19, 2016 from The Food and Agriculture Organization

(FAO): http://www.fao.org/fishery/iuu-fishing/en 23 Ministry of Marine Affairs and Fisheries Regulation No. PER.15/MEN/2012 concerning the

Strategic Plan of Ministry of Marine Affairs and Fisheries year 2010-2014. (n.d.). Ministry of

Marine Affairs and Fisheries of Republic Indonesia. p. 14-17 24 Fabra, A., & Gascón, V. (2008). The Convention on the Conservation of Antarctic Marine Living

Resources (CCAMLR) and the Ecosystem Approach. The International Journal of Marine and

Coastal Law, 23(3), 567-598. doi:10.1163/092735208x331854

Page 38: THE SUPPORTS OF RPOA INITIATIVE TO INDONESIA IN DEALING

25

Antarctic krill are fished commercially, which is believed to affect the

Antarctic ecosystem in the future, since krill is considered as an important part

of the Antarctic marine food chain. Another reason is also because of the

history of other marine resources in the Southern Ocean, such as finfish, crabs,

squid, whales, and seals which have been illegally fished and exploited at

various levels.25

One of the critical challenges in the CCAMLR area (Southern Ocean)

was about the Patagonian Toothfish or the Chilean Sea Bass that has been

illegally fished and has been threatened to the depleted stocks in the 1990s.26

These continued illegal fishing practices have triggered the emergence of the

illegal fishing concept on the IUU Fishing Practices framework on the

CCAMLR forum in October 27th – November 7th, 1997. Illegal fishing

practices were then categorized into three types. First is illegal fishing, which

means the practice of fishing in the waters or ZEE of a country illegally, or

fishing without a legal permit from the objected country. Second is unregulated

fishing, which means that the fishing practices in the waters or ZEE of a

country that do not obey prevailed rules of the country. Third is unreported

fishing, which means the fishing practices in the waters or ZEE of a county

that has not been reported, whether on the operational activity, vessel

information, and/or information about the captured fish. 27

IV.2.2 Development through Food and Agriculture Organization

The development of world fisheries and the increasing practices of IUU

fishing has threatened the sustainability of fish resources and its environment.

The Food and Agriculture Organization (FAO) is a part of the United Nations

25 Conservation of Antarctic Marine Living Resources. (n.d.). About CCAMLR. Retrieved from

https://www.ccamlr.org/en/organisation/about-ccamlr 26 Österblom, H., Bodin, O., Sumaila, R., & Press, A. J. (2014, July). Reducing Illegal Fishing in the

Southern Ocean: A Global Effort - The Solutions Journal. Retrieved from

https://www.thesolutionsjournal.com/article/reducing-illegal-fishing-in-the-southern-ocean-a-

global-effort/ 27 Jaelani, A. Q., & Basuki, U. (2014). Illegal Unreported and Unregulated (IUU) Fishing: Upaya

Mencegah dan Memberantas Illegal Fishing dalam Membangun Poros Maritim Dunia. Supremasi

Hukum, 3(1), 168

Page 39: THE SUPPORTS OF RPOA INITIATIVE TO INDONESIA IN DEALING

26

(UN) that has the objective to prevent and regulate food security. The FAO has

put illegal fishing as a fisheries crime that needs serious attention.

“IUU fishing remains one of the greatest threats to sustainable

fisheries and the millions of people whose livelihoods depend

on them. While no exact figures are known, it is widely accepted

that the scale of illegal fishing is huge - one recent study

estimated that it could be worth an estimated $10-23 billion

dollars annually”28

In response to those concerns regarding the IUU fishing practices

worldwide, the FAO state members pushed to create a benchmark on the

development of responsible and sustainable fisheries with the establishment of

the Code of Conduct for Responsible Fisheries (CCRF). The CCRF has taken

its guidelines, principles, and its international standard from the Committee on

Fisheries (COFI). The CCRF has been officially adopted by the FAO in

October 31, 1995.29

The FAO realizes that the issues of IUU fishing has become a more

serious and increasing concern in world fisheries that undermines the effort to

conserve and manage the fish stock, which can lead to the collapse of the

fisheries industry. The FAO sees that the development of the CCRF’s

implementation was not enough, so the FAO made an International Plan of

Action to prevent, deter, and eliminate IUU fishing (IPOA-IUU) in 2001

within the framework of CCRF.

The IPOA-IUU itself is a voluntary instrument which addresses the

nature and scope of illegal fishing, such as what has been mentioned above,

that applies to all states, entities, and fishers. The focus of the IPOA-IUU are

state responsibilities, flag state responsibilities, coastal state measures, port

state measures, internationally agreed market-related measures, research and

regional fisheries management organization. Through the objective, principles,

28 FAO - News Article: Shining a spotlight on illegal fishing. (n.d.). Retrieved from

http://www.fao.org/news/story/en/item/47812/icode/ 29 Ministry of Marine Affairs and Fisheries Regulation No. KEP. 50/MEN/2012 concerning the

National Plan of Action to Prevent, Deter, and Eliminate Illegal, Unreported, and Unregulated

Fishing year 2012-2016

Page 40: THE SUPPORTS OF RPOA INITIATIVE TO INDONESIA IN DEALING

27

and the implementation of the IPOA-IUU, the FAO hopes to prevent, deter,

and eliminate IUU fishing and return the fisheries resources to its best

condition in the past. 30

IV.3 IUU Fishing in Indonesia

IV.3.1 Overview of IUU Fishing in Indonesia

Not only being one of the largest archipelagic countries in the world,

Indonesia also has the second largest coastline, following Canada, with two

thirds of its territory dominated by the ocean. Indonesia’s ocean area is more

than 2.6 million km2 plus 3 million km2 of EEZ, a coastline of 81.000km, and

sharing borders with 10 countries (India, Malaysia, Singapore, Thailand,

Vietnam, Philippines, Republic of Palau, Australia, Timor Leste, and Papua

New Guinea). This condition added with the location of the country that is

located strategically between two oceans, the Pacific Ocean and the Indian

Ocean, and two continents, the Asian Continent and the Australian Continent,

have made Indonesian waters one of the busiest trade lines where international

carrier vessels routinely cross. Besides that, Indonesia’s sea lanes hold an

important role since it has made Indonesian seascapes rich of fishery resources

and marine ecosystems such as beaches, estuaries, mangroves, high seas, coral

reefs up to marine bays.31

Aside from giving advantages, the location and condition of Indonesia

has also become a challenge to Indonesia in terms of the utilization and

management of its waters to the maximum level. It also triggers the increasing

possibility of maritime problems such as resource exploitation, border

conflicts, and other related conflicts, which are not only caused by internal

30 Food and Agriculture Organization of the United Nations. (2001). International plan of action

to prevent, deter, and eliminate illegal, unreported, and unregulated fishing 31 Direktorat Konservasi dan Taman Nasional Laut. (n.d.). Profil Konservasi Sumberdaya Ikan Kini

dan Mendatang: Konservasi Kawasan Perairan Indonesia Bagi Masa Depan Dunia. Ministry of

Marine Affairs and Fisheries of Republic of Indonesia. p. 10

Page 41: THE SUPPORTS OF RPOA INITIATIVE TO INDONESIA IN DEALING

28

factors, but also external factors. Therefore, it requires special attention from

the government and society.32

Sources: BPMPTSP of Gorontalo Provincial Government

Figure 4.1 Map of Management and Exploitation Region (WPP) of marine fisheries (Permen

KP No. PER.01/Men/2009)

The figure above (see Figure 4.1) is the map of the Indonesian fisheries

management area (WPP-NRI) for fishing activities. It was created by the

Ministry of Marine Affairs and Fisheries (MMAF) of Indonesia as the

authorized party to manage the marine affairs and fisheries resources in order

to minimize problems that might occur in the fisheries sector. WPP-NRI was

specified under the MMAF Regulation No. PER.01/MEN/2009 concerning the

Fisheries Management Area of the Republic of Indonesia. There are eleven

regions of the WPP-NRI as the following details:33

32 Adrian, B., & Angkasa. (n.d.). Kelautan dan Permasalahan Indonesia. Retrieved from

http://202.146.4.40/read/newsprint/103/indo.defence.diharap.memacu.industri.pertahanan 33 KEP. 50/MEN/2012 p. 9-10

Page 42: THE SUPPORTS OF RPOA INITIATIVE TO INDONESIA IN DEALING

29

No. WPP-NRI REGIONS

1. 571 Malacca Strait and Andaman Sea

2. 572 Indian Ocean in the Western Sumatera and Sunda Strait

3. 573 Indian Ocean from southern Java to southern West Nusa

Tenggara, Sawu Sea, and western Timor Sea

4. 711 Karimata Strait, Natuna Sea, and Southern China Sea

5. 712 Java Sea

6. 713 Makasar Strait, Bone Bay, Flores Sea, and Bali Sea

7. 714 Tolo Bay and Banda Sea

8. 715 Tomini Bay, Maluku Sea, Halmahera Sea, Seram Sea, and

Berau Bay

9. 716 Sulawesi Sea and Northern Halmahera Island

10. 717 Cendrawasih Bay and Pacific Ocean

11. 718 Aru Sea, Arafura Sea, and eastern Timor Sea

Sources: KEP. 50/MEN/2012

Table 4. 1 Regions of WPP-NRI

In order to conduct fisheries resources management in WPP-NRI, the

Indonesian government also improve the vessel licensing system for vessels

that operate in WPP-NRI and high seas. Each vessel is obligated to have a

Fishery Business Permit Letter (Surat Izin Usaha Perikanan or SIUP), a Fish

Catching Permit Letter (Surat Izin Penangkapan Ikan, or SIPI), and a Fishing

Ship Permit Letter (Surat Izin Kapal Pengangkutan Ikan or SIKPI). 34 The

requirement and procedure to obtain a SIUP, SIPI, and SIKPI to any vessel that

conducts its activities in WPP-NRI is regulated under the MMAF Regulation

No. PER. 14/MEN/2011 concerning the Capture Fishery Business, as the

amendment on PER.49/MEN/2011. While the requirement and procedure to

34 SIUP referred to a written permit obligated to be possessed by fishery companies to carry out

fishery business by using the production means stated in the permit. SIPI Referred to a written permit

obligated to be possessed by every fishing ship to perform fish catching constituting an inseparable

part of a SIUP. Referred to a written permit obligated to be possessed by every fishing ship to

perform the transportation of fish. Read Article 1 points 16,17 and 18 of Law no. 31 year 2004

concerning Fisheries, as amended by Law no. 45 year 2009

Page 43: THE SUPPORTS OF RPOA INITIATIVE TO INDONESIA IN DEALING

30

get a SIUP, SIPI, and SIKPI to any vessel that conducts its activities in the high

seas is regulated under the MMAF Regulation No. PER. 12/MEN/2012

concerning the Capture Fishery Business in the High Seas.35

Other national legal frameworks about the fisheries management for

sustainable and responsible fisheries are Law no. 31 year 2004 concerning

Fisheries, as amended by Law no. 45 year 2009, Law no. 27 year 2007

concerning Coastal and Small Island Management, as amended by Law no. 1

year 2014 and several Ministerial Acts concerning Capture Fisheries,

Logbooks, Vessel Monitoring System, Surveillance for Coastal and Small

Islands Area, Fishing Vessels Registration and Marking, Fishing Area and

Fishing Gears, Fisheries and Its Habitat Conservation, Observer Program, and

so on.36

On the other hand, besides national regulations, Indonesia has also

adopted several international laws that are relevant to national fisheries

regulations and which contain the fisheries management and prevention of

illegal fishing.

UNCLOS (United Nations Convention on the Law of the Sea) 1982

FAO Compliance Agreement, 1993,

FAO Code of Conduct for Responsible Fisheries (CCRF), 1995

FAO Fish Stocks Agreement, 1995

FAO International Plan of Action (IPOA) to Prevent, Deter, and

Eliminate IUU Fishing, 2001

UNGA Resolution

FAO, Port State Measures, 2005

EC Regulation 1005/2008

35 KEP. 50/MEN/2012 p. 11 36 Kusuma, I. (n.d.). Indonesia Efforts in Combating IUU Fishing. Ministry of Marine Affairs and

Fisheries, Directorate General of Surveillance for Marine and Fishery Resources. Ministry of

Marine Affairs and Fisheries of Republic of Indonesia.

Page 44: THE SUPPORTS OF RPOA INITIATIVE TO INDONESIA IN DEALING

31

Regional Plan of Action (RPOA) to Promote Responsible Fishing

Practices including Combating IUU Fishing in the Region, 2007

The regulations mentioned above, both national and international legal

frameworks, have become the basis for Indonesia's officials to carry out their

duties on monitoring in the effort to enforce laws in the marine and fisheries

sector within Indonesia's territorial waters to ensure the fisheries management

and sustainability.

It is very important for the government to maintain their fisheries

resources and environment, since fishing and the activities related to it

(processing, packing, transport, and retailing) are economically very

important in the marine sector, both on the national and international level.

Fishing especially, is a crucial source of livelihoods in developing countries,

including Indonesia.37 In the world, Indonesia is on the third position of top

fishing countries after China and Vietnam38, whose annual fishery production,

based on the FAO, reaches approximately 8.9 million tonnes.39

Keeping in mind that Indonesia is an archipelagic country in which the

waters dominates its territory, and the Indonesia’s condition that is rich of

natural resources including fish, has made Indonesia one of the targets of IUU

fishing. The IUU fishing practices that operate within Indonesia's territorial

waters violate both national and international laws.

37 Allan, J. D., Abell, R., Hogan, Z., Revenga, C., Taylor, B. W., Welcomme, R. L., & Winemiller, K.

(2005). Overfishing of Inland Waters. BioScience, 55(12), 1041. doi:10.1641/0006-

3568(2005)055[1041:ooiw]2.0.co;2 pg. 1041 38 Food and Agriculture Organization of the United Nations. Fisheries and Aquaculture Department.

(2008). The state of world fisheries and aquaculture, 2007. Rome: Food and Agriculture

Organization of the United Nations 39Food and Agriculture Organization of the United Nations. (n.d.). FAO Fisheries & Aquaculture -

Country Profile. Retrieved from http://www.fao.org/fishery/facp/IDN/en

Page 45: THE SUPPORTS OF RPOA INITIATIVE TO INDONESIA IN DEALING

32

YEAR INSPECTED

(units)

ARRESTED (units)

IFV FFV IFV + FFV

2006 1.447 83 49 132

2007 2.207 95 88 183

2008 2.178 119 124 243

2009 3.961 78 125 203

2010 2.253 24 159 183

2011 3.348 30 76 106

2012 4.326 42 70 112

2013 3.871 24 44 68

Sources: Directorate General of Surveillance for Marine and Fishery Resources (PSDKP)

Table 4.2 IUU Fishing Practice in Indonesia year 2006-2013

The table above (see Table 4.2) shows us that Indonesia has frequently

experienced the practices of IUU fishing in their waters, which was conducted

by both Indonesian (IFV) and foreign fishing vessels (FFV). The numbers of

IUU fishing practices in Indonesia during 2006 to 2013 tended to fluctuate

from year to year. However, in 2013 the trends of IUU fishing had decreased

from 2012, where there were 3.871 fishing vessels that were suspected and

inspected because of IUU fishing practices. From that number, there were 68

vessels with 44 foreign fishing vessels and 24 Indonesian fishing vessels which

had been proven guilty and arrested by the Indonesian government.

The Indonesia waters that is free from IUU fishing practices and other

activities that damage the marine and fisheries sector is only 39.86 percent of

the total area.40 The most common form of IUU fishing in Indonesian territory

include fishing without a legal permit and illegal entry into Indonesian waters;

unauthorized fishing gears in unauthorized fishing ground, port of call; fake

documents regarding transferred of foreign fishing vessels, document

falsification, manipulation of prerequisite to conduct fishing activities;

40 Based on performance achievement of SDKP's monitoring year 2011 on PER.15/MEN/2012

Page 46: THE SUPPORTS OF RPOA INITIATIVE TO INDONESIA IN DEALING

33

unauthorized transshipment at sea; double flagging or sailing under Indonesian

flags either in Indonesian waters on in high seas; fictitious company addresses

and forgery of documents issued by other institutions, destructive fishing

practices such as bombing or blast fishing, and cyanide.41

IV.3.2 Causes of IUU Fishing in Indonesia

Seeing the potential marine resources and fisheries that are so

abundant and the current condition of fisheries management in Indonesia, IUU

fishing is still the biggest challenge for the sustainability of marine resources

and fisheries. IUU fishing has become a national security threat, especially

illegal fishing conducted by foreign fishing vessels. Even the Indonesian

government estimates that the numbers of illegal fishing will keep increasing.

However, the abundance of resources does not explain why Indonesia is one

of the main IUU fishing spots in the world. To further understand this pattern,

following is a more detailed elaboration of factors of IUU fishing that has

happened in Indonesia:42

1. Increasing Demand for Fisheries Product

Sources: The World Bank

Figure 4.2 World Capture Fisheries Production (1960-2014) 41 Kusuma, I. (n.d.). Indonesia Efforts in Combating IUU Fishing. Ministry of Marine Affairs and

Fisheries, Directorate General of Surveillance for Marine and Fishery Resources. Ministry of

Marine Affairs and Fisheries of Republic of Indonesia. 42 Based on KEP. 50/MEN/2012, p. 18 and PER.15/MEN/2012, p. 17

Page 47: THE SUPPORTS OF RPOA INITIATIVE TO INDONESIA IN DEALING

34

The Figure 4.2 above is a graphic of capture fisheries production,

including the fish catch landed by all commercial, industrial, recreational

and subsistence by countries all around the world. 43 The graphic shows us

that the number of production of capture fisheries from year 1960 up to

2014 has increased significantly. In 1960, the total number was only around

36 million metric tonnes and in 2014 the number rose up to more than 195

million metric tonnes. This increasing trend of worldwide capture fisheries

production means there is an increasing international demand for fish.

Unfortunately, because the demand of fish and fishery products is

so high, it has become one of the factors to excessive exploitation of

maritime resources around the world, and it has driven fishers to catch

more fish by all means, including by practicing IUU fishing.44 In 2003, 75

percent of fisheries in the world have already been exploited,

overexploited, or depleted.45 The condition of the decline of fish stocks

while the demand for fisheries products is high, combined with the

condition of fishing vessel reduction by several countries due to the

constriction license of fishing opportunities, has made Indonesia, a rich fish

resources country, the target of IUU fishing practices by internal and

external actors and will apparently remain so. Hence, the threat of IUU

fishing practices in Indonesia is estimated to keep increasing. 46

2. Fisheries Monitoring, Control, and Surveillance (MCS)

The MCS of marine and fishery resources is an inseparable part of

the fisheries management in order to make sure of the marine and fisheries

sustainability and Indonesian people’s welfare. However, despite of the

43 Capture fisheries production (metric tons) | Data. (n.d.). Retrieved from

http://data.worldbank.org/indicator/ER.FSH.CAPT.MT?end=2014&start=1960&view=chart 44 In Mazalina, A., Kawamura, H., Masaya, K., Abdul, R. L., Mohd, T. A., & Somboon, S. (2015).

ASEAN guidelines for preventing the entry of fish and fishery products from IUU fishing activities

into the supply chain [Paper] 45 Food and Agriculture Organization of United Nations. (2003). FAO calls for intensified

action to combat illegal fishing. Retrieved from

http://www.fao.org/english/newsroom/news/2003/25379-en.html 46 PER.15/MEN/2012, p.17

Page 48: THE SUPPORTS OF RPOA INITIATIVE TO INDONESIA IN DEALING

35

importance of MCS, Indonesia as an archipelagic country still has limited

facilities and MCS infrastructure.47 For example as per 2014, the Directorate

General of Surveillance for Marine and Fisheries (PSDKP), as one of

authorized parties to conduct MCS on the sea, only owns 27 surveillance

fleet and 89 speedboats. The width of Indonesia’s water territory results in

a wider range of control and supervision, and it is not balanced with the

monitoring, control, and surveillance capabilities of marine and fisheries

resources that exist in Indonesia.48

The foreign vessels who fish illegally in Indonesian territory also

operate with various operation methods, more advanced technology, and

better coordination.49 There are many areas that still cannot be reached by

the surveillance operation of PSDKP. Based on the assessment of the

Agency for Marine Affairs and Fisheries Research and Development

(Balitbang KKP), to cover the MCS in Indonesia's waters, Indonesia needs

at least 70 surveillance fleet and 400 surveillance speedboats50

The Vessel Monitoring System (VMS) is a system of MCS that uses

satellites and equipment such transmitters installed on fishing vessels,

which can provide accurate and timely information about the location and

activity of the fishing vessel. As reported by the Fishing Monitoring Center

of PSDKP, in 2015, there were 3.277 units of Indonesian fishing vessels

above 30 GT that have already registered on PSDKP, but only 2.864 units

these vessels have installed the transmitter. And from the number 2.864,

2.730 units have been activated and another 132 fishing vessels have not

activated online VMS.51

47 Direktorat Konservasi dan Taman Nasional Laut. (n.d.). Profil Konservasi Sumberdaya Ikan Kini

dan Mendatang: Konservasi Kawasan Perairan Indonesia Bagi Masa Depan Dunia. Ministry of

Marine Affairs and Fisheries of Republic of Indonesia. 48 Rencana Strategis (RENSTRA) Direktorat Jenderal Pengawasan dan Perikanan (PSDKP) Tahun

2015-2019. (n.d.). Ministry of Marine Affairs and Fisheries of Republic of Indonesia. p.18 49 PER.15/MEN/2012, p.17 50 Rencana Strategis (RENSTRA) Direktorat Jenderal Pengawasan dan Perikanan (PSDKP) Tahun

2015-2019. (n.d.). Ministry of Marine Affairs and Fisheries of Republic of Indonesia, p.8 and 18 51 PSDKP. Info Terkini: Pengawasan Mendukung Kedaulatan Pengelolaan Sumber Daya Kelautan

dan Perikanan. Op.cit

Page 49: THE SUPPORTS OF RPOA INITIATIVE TO INDONESIA IN DEALING

36

Noted from Mina Bahari Magazine volume 431, even though

fishing vessels have installed VMS, there are still a lot of fishing vessels

that are detected which directly head to overseas territory from Indonesian

fishing grounds, or even fishing vessels which have turned off their VMS,

so they cannot be detected by the Fishing Monitoring Center.52 The VMS

is expected to help the Government of Indonesia’s efforts in preventing and

eliminating illegal fishing in its waters. However, looking at the facts

above, we can say that the use of VMS is still not fully maximized. Hence,

the Government needs to increase the capacity and management of its

MCS.

3. The Human Resource Capabilities of the Fisherman and Businessman

in Fishery Sector

The low human resource capabilities and awareness of Indonesian

fisherman has resulted in IUU fishing, for example by using the

unauthorized fishing gears and/or destructive fishing practices such as

bombing or blast fishing or even cyanide because it is easier and faster,

despite it being already prohibited by national and international law and

regulations. Also, the weak human resource capabilities of businessman in

the fisheries industry, both Indonesian and foreign businessman, has

impacted on illegal fishing practices in Indonesia. It is because some of

those businessman are only money oriented, and they will do anything as

long as they can catch fish as much as possible with the easiest and the

lowest capital, thus not obeying the existing regulation in Indonesia.53

The fisherman and the business do not realize the condition of

current world fisheries resources that have been overexploited or even

depleted in some areas and the importance to conduct responsible fishing

for the sake of sustainable fisheries. The world fisheries is getting more

market-oriented, the fishers and the businessman try to fulfill the high

demand of fish and fisheries product by all means. One of the examples of

52 Ministry of Marine Affairs and Fisheries of Republic of Indonesia. (2015). Mina Bahari, 431. 53 Nugraha, P. S. (2015). Artikel Penyuluhan: Permasalahan dan Strategi Penanggulangan IUU

Fishing di Perairan Indonesia. Retrieved from http://pusluh.kkp.go.id/arsip/c/1858/?category_id=2

Page 50: THE SUPPORTS OF RPOA INITIATIVE TO INDONESIA IN DEALING

37

irresponsible practice of fisherman is what has been mentioned earlier

about the activation of VMS. There were hundreds of units of fishing

vessels above 30 GT that still have not installed the online VMS. Even

when they have already installed it, they could still run away by not landing

the catches in Indonesian ports and report it, instead, they directly bring the

caught fish to other countries. They also still could disable the VMS, so the

vessel cannot be detected by the monitoring center, hence they can freely

practice illegal fishing as they wish.

4. The Weak Enforcement of Fishing Legislations

The weak law enforcement especially about the fishing legislation

in a country is definitely one factor which contributes to IUU fishing in the

region.

“IUU fishing is a low risk, high reward activity. Demand

for and prices of overexploited and protected species are

high, and the actual chance of getting caught or being

punished is low, particularly because IUU fishing often

takes place in countries where enforcement is weak”54

Referred to from the statement above, we could include Indonesia as one

of those countries that still has weak law enforcement. This has resulted in

the failure of handling IUU fishing practices which are done in Indonesian

waters. The weak law enforcement itself is the result of the lack of

commitment among the law enforcement officials and the lack

coordination among them. The regulations made by the government on the

fishery resources management in Indonesia often offsets with the

imposition of the sanction and with the clear law enforcement, so the cases

and the perpetrators are often released and escaped from punishment.55

For example, on Table 4.2 we can see that the fishing vessels

inspected to have been conducting IUU fishing are in the thousands, but

54 Martini, M. (2013). U4 Expert Answer: Illegal, unreported and unregulated fishing and corruption.

U4 Anti-Corruption Resource Centre. 55 Nugraha P.S. Loc.cit

Page 51: THE SUPPORTS OF RPOA INITIATIVE TO INDONESIA IN DEALING

38

those that were arrested were only a few. This does not only imply weak

law enforcement, but also implies a low level of seriousness and

commitment of the responsible authorities. Hence, poor enforcement

undermines the conservation and management efforts of fisheries and its

ecosystem of the national, regional, and international parties that have

concerns about the issue. Moreover, the IUU fishing practices, especially

those of which are done by foreign fishing, vessels have heightened the

security challenges for Indonesia.

IV.3.3 Impacts of IUU Fishing in Indonesia

Every type of crime impacts on different aspects and levels. As a non-

traditional security threat on the maritime and food sector, IUU fishing has a

great negative impact on the sustainability of fisheries and its ecosystem. IUU

fishing in Indonesia has various impacts on several sectors such as the

economic, social, and environmental sectors. Indonesia claims that the country

loses up to 3 million tonnes of fish per year; fish which is valued at around 300

billion rupiah in revenue.56 Moreover, the IUU fishing actor sometimes do not

hesitate to use the unauthorized fishing gears like trawl or destructive fishing

gears like bombs or blast fishing and cyanide. They do not realize that fisheries

exploitation by using those destructive gears and practice have greatly impacted

the fisheries ecosystem, such as damaging the coral. In more detail, the impact

of IUU fishing in Indonesia is as follows:57

1. Economic losses of up to US $22 billion/year

2. Marine ecosystem and fish stock degradation

3. Affecting the traditional livelihood where it has harmed the traditional local

fisherman due to the increasing competition and conflict among the

56 Johara and Sir. (2015, November 22). Jokowi: Indonesia Rugi Rp300 Triliun Akibat Pencurian

Ikan. Retrieved from POSKOTANEWS: http://poskotanews.com/2015/11/22/jokowi-indonesia-

rugi-rp300-triliun-akibat-pencurian-ikan / 57 Based on KEP. 50/MEN/2012, p. 17-18 and Ida Kusuma. Op.cit

Page 52: THE SUPPORTS OF RPOA INITIATIVE TO INDONESIA IN DEALING

39

fishermen. This leads to the local fisherman in a condition that remains

suffering of poverty.

4. Weakening competitiveness of national fishing industries

5. Constraining Indonesia’s opportunity to develop its national fisheries

6. The loss of opportunity to use the income that is generated for poverty

alleviation and development, tax and levy

7. Damaging the image of Indonesia in the international arena, because foreign

vessels that use the Indonesian flag or vessels owned by Indonesian citizens

practice illegal fishing

Page 53: THE SUPPORTS OF RPOA INITIATIVE TO INDONESIA IN DEALING

40

CHAPTER V

THE REGIONAL PLAN OF ACTION (RPOA)

In previous chapter, the writer has describing the condition of illegal fishing

in Indonesia that brings about negative impacts on the economic, social, and

environmental aspect. Hence, in order to combat IUU fishing, Indonesia and

countries in region need to strengthen regional cooperation. In this chapter, the

writer will describe one of regional cooperation in Southeast Asia that has focus in

combating IUU fishing, which is the Regional Plan of Action to Promote

Responsible Fishing Practices, including Combating Illegal, Unreported, and

Unregulated Fishing in the Region, which in this thesis it will simply called as

Regional Plan of Action or RPOA. Therefore, in this chapter, the writer will

explaining about the overview of RPOA including the history of establishment,

organizational structure, and the development of RPOA, as well as the involvement

of Indonesia in RPOA.

V.1 Establishment of Regional Plan of Action

The RPOA is a non-binding instrument that was agreed and signed by

fisheries ministers of 11 countries, namely Indonesia, Australia, Timor Leste, Papua

New Guinea, Singapore, Malaysia, Brunei Darussalam, Vietnam, the Philippines,

Cambodia and Thailand on 4th May 2007 in Bali on the Regional Ministerial

Meeting. Here are the agency of each RPOA’s participating countries that

responsible to RPOA:

Australia: Department of Agriculture, Fisheries and Forestry

Brunei Darussalam: Department of Fisheries, Ministry for Industry and

Primary Resources

Indonesia: Ministry of Marine Affairs and Fisheries

Malaysia: Department of Fisheries

Page 54: THE SUPPORTS OF RPOA INITIATIVE TO INDONESIA IN DEALING

41

Papua New Guinea: National Fisheries Authority

Philippines: Bureau of Fisheries and Aquatic Resources

Singapore: Agri-Food and Veterinary Authority

Thailand: Department of Fisheries

Timor Leste: Ministry of Agriculture, Forestry and Fisheries

Vietnam: Ministry of Fisheries

The regional cooperation of the RPOA was initiate by Indonesia and

Australia and it was adopted from the UN Food and Agricultural Organization

(FAO) particularly the International Plan of Action (IPOA) to Prevent, Deter and

Eliminate Illegal, Unreported and Unregulated (IUU) Fishing. As mentioned in

previous chapter, the IPOA-IUU is a voluntary instrument which emerged because

of there is an increasing concern and practice of IUU fishing in worldwide that can

threaten the sustainability if fish resources and its environment. RPOA is stipulated

on the IPOA-IUU mandate on the provision regarding “Cooperation between

states” on IPOA-IUU Action Plan point 28. There are seven particular things that

states should do in terms of coordination in combating illegal fishing, which are:

Data or information exchange about authorized fishing vessels

Cooperate in management and verification of data and information that is

relevant from fishing

Cooperate on IUU fishing investigations

Cooperate in expertise and technology transfer

Cooperate in policy making

Develop mechanisms of cooperation

Cooperate in monitoring, control, and surveillance (MCS), including

cooperation in international agreements.58

The objectives of the RPOA is to strengthen the fisheries management,

including combating IUU fishing in the Southeast Asian region especially in the

South China Sea, Sulu-Sulawesi Seas (Celebes Sea), and the Arafura-Timor Seas.

58 Regional Plan of Action to Promote Responsible Fishing Practice including Combating Illegal,

Unreported and Unregulated Fishing in the Region. (2007). The Secretariat of RPOA.

Page 55: THE SUPPORTS OF RPOA INITIATIVE TO INDONESIA IN DEALING

42

The members of the RPOA hope through regional cooperation by strengthening the

fisheries management, they could help to sustain fisheries resources and marine

environments and could optimize the benefit of adopting responsible fishing

practices.59 Before the RPOA officially endorsed on the Regional Ministerial

Meeting, the representative from countries in the region was intensively discussed

through several meetings in 2006 to 2007, namely the Senior Official Meeting I,

Senior Official Meeting II, and Senior Official Meeting III.60

In the Regional Ministerial Meeting, the Ministers have recognized that

shared fish stock in the region is very important and overfishing and IUU fishing

are becoming the serious threats towards it.61 Hence, endorsement of the RPOA

was driven by the increasing phenomenon in the region, which could lead to the

depletion of fish stocks. The members of the RPOA believe that those phenomena

endanger the food security and economy of the states in the region. As well as the

fact that the members of the RPOA have interdependent marine ecosystems,

bordering maritime territory, and shared fish stock, they have to contribute to the

establishment of the RPOA. Through this meeting, the RPOA also recognize that

for combating IUU fishing in the region, the major focus needs to be given to the

management of large-scale fisheries, while safeguarding local and traditional rights

of coastal fisherman.62

In the RPOA Action Plan document, it is mentioned that RPOA has taken

its framework from the established international fisheries instruments. A list of the

international instruments is as follows:

The 1982 United Nations Convention on the Law of the Sea (UNCLOS)63

59 Regional Plan of Action to Promote Responsible Fishing Practice including Combating Illegal,

Unreported and Unregulated Fishing in the Region. (2007). The Secretariat of RPOA. 60 Ida Kusuma Wardhaningsih, Budi Halomoan, Ardiansyah, Rochman Nurhakim, Saiful

Umam, Verra Septiowati, Edwin Suharyadie, Aji Baskoro, Ahmad Firdaus, Azhimi R. Sutiadi.

(2011). Regional Plan of Action Activities 2006-2011. Jakarta, Indonesia: The Ministry of

Marine Affairs and Fisheries of Republic Indonesia. 61 Ibid 62 SEAFDEC-Sida Cooperation Programme: Extension 2007, 2008, up to June 2009. Summary

result achieved during 2007, 2008, and first quarter of 2009. (2009). Southeast Asian Fisheries

Development Center. p.15 63 In particular Articles 61-64, 116-119 and 123

Page 56: THE SUPPORTS OF RPOA INITIATIVE TO INDONESIA IN DEALING

43

The United Nations Fish Stocks Agreement (UNFSA)

The FAO Compliance Agreement

The FAO Code of Conduct for Responsible Fisheries

FAO International Plan of Actions (IPOA): the IPOA for the Conservation

and Management of Sharks; the IPOA for the Management of Fishing

Capacity; the IPOA to Prevent, Deter, and Eliminate Illegal, Unreported and

Unregulated Fishing; and the IPOA for Reducing the Incidental Catch of

Seabirds in Longline Fisheries

The FAO Model Scheme on Port State Measures to Combat IUU Fishing.64

These instruments contain internationally agreed measures that are applicable to the

national and regional plans in order to promote responsible fishing practices.

V.2 The Action Plan of the Regional Plan of Action

The RPOA have eleven core of action plan that they need to practices in

order to promote the responsible fishing practices including combating IUU fishing.

The details as follow:

Coastal state responsibilities

Port state responsibilities

Current resources management in the region

Implementation of international and regional instruments

Role of regional and multilateral organizations

Port state measures, regional market measures

Strengthening MCS system

Regional capacity building

Transshipment at sea

Implementation.65

64 Regional Plan of Action to Promote Responsible Fishing Practice including Combating Illegal,

Unreported and Unregulated Fishing in the Region. (2007). The Secretariat of RPOA. 65 Regional Plan of Action to Promote Responsible Fishing Practice including Combating Illegal,

Unreported and Unregulated Fishing in the Region. (2007). The Secretariat of RPOA.

Page 57: THE SUPPORTS OF RPOA INITIATIVE TO INDONESIA IN DEALING

44

Out of the eleven Action Plan above, there are only five main priorities of the

RPOA, which include strengthening MCS system, coastal state responsibilities,

port state measures, regional capacity building, and the implementation. 66

1. Strengthening Monitoring, Control, and Surveillance (MCS) System

Through MCS system, both in national and regional level, aimed to

support the efforts to build the fisheries management regime. RPOA encourage

its member countries to enter the appropriate sub-regional MCS arrangements

to combating the IUU fishing since countries can share data and information,

provides advice and capacity building among them, for example trough the

three sub-regional networks that arranged by RPOA. Furthermore, the RPOA

participating countries should develop the regional networks. The countries also

should promote knowledge and understanding within their national fishing

industries about MCS activities.67

2. Coastal State Responsibilities

In the point of coastal state responsibilities, RPOA encourage its

member to work together to improve their data and information regarding the

fishing vessels, fishing efforts, catch level, fishing landing and so on, and then

share and exchange it among RPOA members. Moreover, RPOA also

acknowledge that countries responsible to manage the fishing capacity of their

fleets. Several ways to achieve it is through introducing fishing management

measures within their country and through conducting cooperation to assess,

conserve, and manage fisheries resources.68

3. Regional Capacity Building

In the capacity building aspect, RPOA encourage each member to

conduct capacity building in all aspect of fisheries management in order to

create fully effective system. Each RPOA participating countries should

66 Regional Plan of Action (RPOA) to Promote Responsible Fishing Practice including Combating

IUU Fishing in the Southeast Asia Region: RPOA 2007 to 2013 – An evaluation. (2013). The

Secretariat of RPOA. p.3 67 Regional Plan of Action to Promote Responsible Fishing Practice including Combating Illegal,

Unreported and Unregulated Fishing in the Region. (2007). The Secretariat of RPOA. 68 Ibid

Page 58: THE SUPPORTS OF RPOA INITIATIVE TO INDONESIA IN DEALING

45

continue developing the appropriate fishing research, management, and

compliance, including MCS system. The member also should seek for technical

and financial assistance from other countries in the region or relevant

international development bodies, whether by individually or jointly. It is also

important to RPOA states member to ensure fishing vessels from outside the

region that operate in the RPOA region are urged want to cooperate.69

4. Port State Measures

In order to combating IUU fishing, the participating countries of RPOA

and fishing entities need to develop measures in order to regulate fishing vessels

accessing their ports with the purpose to conduct transshipment and/or landing

catches fish and then collect and exchange relevant data. To support the practice

of this core action, countries encouraged to adopt the port state measures

particularly the FAO measures namely the Model Scheme on Port State

Measures to Combat IUU Fishing.70

5. Implementation

Last of the main priority is implementation, RPOA members should

support and cooperate on implemented the mandate of RPOA Action Plan that

accordance with the timeline on annual RPOA work plan. The RPOA

Coordination Committee, official representative of state member, the FAO’s

Committee on Fisheries, as well as other related bodies, will reviewed and

determined whether the implementation of each countries are effective or not.71

69 Regional Plan of Action to Promote Responsible Fishing Practice including Combating Illegal,

Unreported and Unregulated Fishing in the Region. (2007). The Secretariat of RPOA. 70 Ibid 71 Ibid

Page 59: THE SUPPORTS OF RPOA INITIATIVE TO INDONESIA IN DEALING

46

V.3 Organizational Structure of the Regional Plan of Action

Sources: RPOA official website: http://www.rpoaiuu.org

Figure 5.1 The RPOA Organizational Structure

In order to achieve RPOA objectives, the participating countries on the First

Coordination Meeting on May 2008 have agreed to create the organizational

structure for the practice of the RPOA action plans. The structure of the RPOA is

as below:

1. Advisory Bodies of RPOA

The RPOA have four regional fisheries organizations as its advisories,

namely the FAO Asia Pacific Fishery Commission (APFIC), InfoFish, South

East Asian Fisheries Development Center (SEAFDEC), and Worldfish Centre.

The advisory bodies have the role to provide advice and assistance for the

RPOA and its implementation. For example, by giving consideration about

priorities of the action plan, the further actions should be taken, how to

implement it, when it should be done, and who should be involved. 72

2. Coordination Committee (CC) of RPOA

The coordination committee is a decision-making body of the RPOA

that provides strategic advice and a direction to RPOA state members regarding

the issues such as combating IUU fishing, sustainability of fisheries

72 Organizational Structure – RPOA-IUU. (n.d.). Retrieved from

http://www.rpoaiuu.org/organizational-structure/

Page 60: THE SUPPORTS OF RPOA INITIATIVE TO INDONESIA IN DEALING

47

management, conservation of marine environments, managing fishing capacity,

and building competency in the fisheries management. Besides that, the

Coordination Committee is also responsible to plan RPOA activities; monitor,

review, and report to Fisheries Ministers of state Members about the progress

of the implementation; and create a comprehensive environment for cooperation

and collaboration among RPOA state members or between RPOA state

members with advisory bodies or with other relevant regional/international

organizations.73

3. Ad Hoc Team Working Groups of RPOA

The ad-hoc working group is created as it is required by the

Coordination Committee to help them in providing information through

scientific and technical analysis on fisheries resources and management in the

regions and other related matters, report the working result, and give advice and

recommendations towards the findings, as well as perform other functions and

tasks as required.74

4. Secretariat of RPOA

The RPOA Secretariat is responsible for servicing and facilitating the

functions of the Coordination Committee and ad-hoc working groups through

receiving and transmitting the Coordination Committee’s Official

communication, coordinate the preparations of the Coordination Committee

and working groups’ meetings, facilitate the complication and dissemination of

data and information, and other administrative tasks including prepare the

papers, report, publish the decision of, and promote the activities of the

Coordination Committee.75

73 Organizational Structure – RPOA-IUU. (n.d.). Retrieved from

http://www.rpoaiuu.org/organizational-structure/ 74Ibid 75 Ibid

Page 61: THE SUPPORTS OF RPOA INITIATIVE TO INDONESIA IN DEALING

48

V.4 The Development of Regional Plan of Action

Since the endorsement in 2007, the RPOA has conducted both on the

regional and sub-regional level, meetings and workshops which are focused on

strengthening regional cooperation in the implementation of work plans in order to

improve the fisheries management. Until 2011, RPOA was held four time of

Coordination Committee meeting, seven sub-regional meeting, and nine seminar

and workshop.76 Besides that, the RPOA has also launched the RPOA official

website in 2008 that contains information about the RPOA and its activities. Several

documents and a vessel ‘black list’ could also be accessed by the public. This

website is operated by the RPOA Secretariat which is in Indonesia under the

Ministry of Marine Affairs and Fisheries, specifically under the Directorate General

of Surveillance of Marine and Fisheries Resources (PSDKP).

For the meeting and workshop from 2012-2016, you could see the details

on Table 5.1 below.

No. Year Agenda Place

1. 2012

The 3rd Meeting of Sub-Regional Southern and

Eastern Area of The South China Seas (SE SCS)

and Sulu Sulawesi Seas (SSS)

Malaysia

2. 2012 The 2nd Meeting of Sub-Regional Arafura and

Timor Seas Timor Leste

3. 2012

Workshop on Assessment of the Impacts of IUU

Fishing and EC Regulation 1005/2008 on Small-

scale Fisheries in the Southeast Asian Region

Vietnam

4. 2012 The 5th RPOA Coordination Committee Meeting Singapore

5. 2012

Seminar on Responsibilities of States with

Respect to Regional Fisheries Management

Organizations (RFMOs),

Singapore

76 Further detail see RPOA website on http://www.rpoaiuu.org/meeting-document/

Page 62: THE SUPPORTS OF RPOA INITIATIVE TO INDONESIA IN DEALING

49

6. 2013 The 3rd Meeting of Sub-Regional Arafura and

Timor Seas

Papua New

Guinea

7. 2013

FAO/RPOA Expert Workshop on The

Development of tools to Combat IUU Fishing -

The Comprehensive Global Record of Fishing

Vessel, Refrigerated Transport Vessels and

Supply Vessels

Philippines

8. 2013 Regional Workshop on Public Information

Campaign Philippines

9. 2013

The 4th Meeting of Sub-Regional Southern and

Eastern Area of The South China Seas (SE SCS)

and Sulu Sulawesi Seas (SSS)

Philippines

10. 2013 The 6th RPOA Coordination Committee Meeting Malaysia

11. 2013 The 4th Meeting of Sub-Regional Gulf of

Thailand Thailand

12. 2014 The 4th Meeting of Sub-Regional Arafura and

Timor Seas Indonesia

13. 2014

The 5th Meeting on Sub-Regional Southern and

Eastern Area of The South China Seas (SE SCS)

and Sulu Sulawesi Seas (SSS)

Brunei

Darussalam

14. 2014 The 7th RPOA Coordination Committee Meeting Australia

15. 2015 The 5th Meeting of Sub-Regional Arafura and

Timor Seas Australia

16. 2015

The 6th Meeting on Sub-Regional Southern and

Eastern Area of The South China Seas (SE SCS)

and Sulu Sulawesi Seas (SSS)

Indonesia

17. 2015 The 5th Meeting of Sub-Regional Gulf of

Thailand Thailand

18. 2015 The 8th RPOA Coordination Committee Meeting Brunei

Darussalam

Page 63: THE SUPPORTS OF RPOA INITIATIVE TO INDONESIA IN DEALING

50

19. 2016 The 6th Meeting of Sub-Regional on Arafura and

Timor Seas Timor Leste

20. 2016 The 9th RPOA Coordination Committee Meeting Thailand

Sources: RPOA Secretariat and official website http://www.rpoaiuu.org

Table 5. 1 The RPOA Activities 2012-2016

From the Table 5.1 above about RPOA activities during 2012-2016, we could

see that the RPOA continuously held Coordination Committee Meetings and Sub-

Regional Meetings every year, as well as conducted seminars, training and

workshops. Meeting annually in the Coordination Committee Meeting, each

country reported their progress of implementation and development of the program

to be evaluated in accordance with the RPOA work plan. For example, one of the

work plans for the period of 2011-2012 was countries need to provide information

on IUU listed vessels77 to other members and RPOA Secretariats. One of the reports

was from Malaysia, it mentioned that Malaysia, Australia and Singapore have

worked together to obtain information on IUU listed vessels, namely FV Pion

(formerly known as FV Octopus), FV Perlon, and FV Thunder (formerly known as

FV Kuko). The information, including inspection reports and related papers has

been conveyed to the RPOA Secretariat and CCAMLR Secretariat.78 Furthermore,

in the Coordination Committee Meeting, the eleven state members discussed and

set up the work plan for the upcoming year.

Through the RPOA, the members could not only share data or information,

but also transfer knowledge between member to member, advisory bodies to

members, or other relevant organizations to members through the seminars,

workshops, and trainings. For example, Australia as one of the members has

continued giving assistance of capacity building in the fisheries management and

surveillance to other countries. For instance, in 2012 Australia gave assistance to

77 The list of IUU fishing vessel that include in black list of RFMO, including CCAMLR, WCPFC,

IOTC, ICCAT, IATTC, as well as the IUU vessel list of RPOA. 78 Malaysia Country Report 2012 for RPOA 5th Coordination Committee Meeting. (2012).

Department of Fisheries Malaysia Putrajaya

Page 64: THE SUPPORTS OF RPOA INITIATIVE TO INDONESIA IN DEALING

51

Indonesia, East Timor, and Papua New Guinea. Moreover, Australia also provided

training and capacity building for the RPOA Secretariat.79

In 2013, the RPOA on the 6th Coordination Committee Meeting evaluated

and assessed the 5 year progress of the implementation of the RPOA Action Plan

components. The RPOA Secretariat outlined that the progress in understanding the

current resource and management situation in the region, regional capacity

building, strengthening, strengthening MCS systems, and implementation of

administrative structures and procedures was mostly satisfying. Meanwhile, the

progress in the implementation of flag states responsibilities, implementation of

regional market measures, and controlling the transshipment at sea was deficient,

and for the progress of other components was still mixed in. 80

It can be said that the RPOA is still a new initiatives, but it has already drawn

public attention, especially from the international bodies that have concerns on the

marine fisheries industry. The RPOA Secretariat has received several letters of

intent from Non-Government Organizations as well as intentions of some parties to

contribute in the RPOA meetings. This fact shows us the importance of the works

RPOA have made so far.81

In the RPOA 9th Coordination Meeting in November 2016, the RPOA

Secretariat initiated the RPOA to Re-calling Commitment through the Joint

Statement that will be signed by each Minister of the 11 states to firm the

commitment of RPOA’s participating country in promoting the responsible

fisheries and combating IUU fishing. The meeting is planned to be held in 2017.82

If the countries in the region keep commit to strengthening the cooperation of the

79 Australia Country Report 2012 for RPOA 5th Coordination Committee Meeting. (2012). The

Department of Agriculture and Water Resources of Australian Government 80 The Summary Report of the 6th Coordination Committee Meeting of the Regional Plan of Action

(RPOA) to Promote Responsible Fishing Practices including Combating IUU Fishing in the

Southeast Asia Region. (2013). The Secretariat of RPOA. p.7 81 Mentioned by Mr. Asep Burhanudin, the Director General of Surveillance for Marine and

Fisheries Resources of MMAF on the RPOA 6th Coordination Meeting. Ibid 82 PSDKP - Direktorat Jenderal Pengawasan Sumberdaya Kelautan dan Perikanan. (2016). Info

Terkini: KOMITMEN NEGARA KAWASAN DALAM PEMBERANTASAN IUU FISHING.

Retrieved from http://djpsdkp.kkp.go.id/arsip/c/418/KOMITMEN-NEGARA-KAWASAN-

DALAM-PEMBERANTASAN-IUU-FISHING/

Page 65: THE SUPPORTS OF RPOA INITIATIVE TO INDONESIA IN DEALING

52

RPOA through actively implementing the RPOA Action Plan, hence, the regime of

responsible fisheries and the eradication of IUU fishing in the Southeast Asian

region will be likely to happen and it is possible that the RPOA will be the most

prestigious regional cooperation in the world of marine and fisheries.

V.5 Indonesia’s Involvement on the Regional Plan of Action

In combating IUU fishing, the Indonesian government has had to work

continuously both on the national and international level. On the international level,

the government continues to conduct cooperation with other countries, especially

those who have a bordering maritime territory. The actions and programs to combat

illegal fishing adopted by the Ministry of Marine Affairs and Fisheries (MMAF) of

Indonesia is from two approaches, which are soft structure and hard structure. The

hard structure includes the implementation of the Vessel Monitoring Systems

(VMS), observer programs, logbooks, and port inspection. The MMAF of

Indonesia was also carrying out efforts to enhance the effectiveness of its

monitoring, control and surveillance (MCS) at the stages of before fishing, while

fishing, during landing and post landing.83

Meanwhile, for the soft structure, the MMAF efforts include review and

revitalize Fisheries Acts, strengthen and develop Surveillance Technical

Implementing Units, capacity building for inspectors and investigators of fisheries,

being actively involved in regional and international forums, implementing

European Commission regulations, and regional cooperation through joining

RFMOs like the Indian Ocean Tuna Commission (IOTC), the Commission for the

Conservation of Southern Bluefin Tuna (CCSBT), and the Western and Central

83 Mentioned by Ms. Ida Kusuma Wardaningsih, Executive Secretary of Directorat General of

Surveillance for Marine and Fisheries, Ministry of Marine Affairs and Fisheries of Indonesia on

the discussion under The Habibie Centre in February 2014. The Habibie Centre. (2014). Talking

ASEAN: Developing ASEAN Cooperation on Fisheries Management: Tackling IUU Fishing in the

Region. , p. 4

Page 66: THE SUPPORTS OF RPOA INITIATIVE TO INDONESIA IN DEALING

53

Pacific Fisheries Commission (WCPFC), and through the Regional Plan of Action

(RPOA).84

According to Ms. Ida Kusuma, the RPOA is needed, it is because the RPOA

drew its main core principles for international fisheries instruments and it is

believed as a cooperative approach to enhance and strengthen the overall level of

fisheries management in the region. Furthermore, the RPOA is needed because the

RPOA helps to highlight the responsibilities of all states in addressing problems

related to IUU fishing and has promoted each participating country to produce or

establish their own plan of action at the national level.85

The involvement of Indonesia in the RPOA was started from the very

beginning, since the initiation of the cooperation itself. The idea to build the

regional cooperation of RPOA was by Indonesia and Australia. Then both countries

engaged other countries in the Southeast Asian region and countries that have

interests in the region to set up regional cooperation, RPOA. Furthermore,

Indonesia continuously involved actively in the RPOA not only as a member, but

also by serving as the Secretariat of the RPOA since 2008 up until now. As the

RPOA Secretariat, Indonesia has worked together with each RPOA’s participating

countries to circulate information, to alert them about the IUU fishing vessels

sightings and movement that might be arriving to unload in one of ports of the

RPOA members. Besides that, the Secretariat, with the assistance of the advisory

bodies cooperate with other regional or international organizations such as ASEAN,

CCMALR, Greenpeace and other organizations, to initiate or conduct a study or

survey of data and information related to IUU fishing and fishing management in

region. As an example, from November 2011 until August 2012, the Secretariat

with the assistance of the FAO, APFIC, and the Worldfish Center, coordinate a

liaison with the ASEAN Secretariat conducting a study on the impact of EC

Regulation 1005/2008 on small scale fisheries within the region. The RPOA

Secretariat facilitated the compilation of the study and informed the European

84 The Habibie Centre. (2014). Talking ASEAN: Developing ASEAN Cooperation on Fisheries

Management: Tackling IUU Fishing in the Region. , p. 4 85 Ibid

Page 67: THE SUPPORTS OF RPOA INITIATIVE TO INDONESIA IN DEALING

54

Union (EU) of the outcomes. Moreover, Indonesia as the RPOA Secretariat also

advised and encouraged the RPOA’s participating countries to participate on

international agendas and forums such as the International MCS (IMCS) Network.

For example, they encouraged RPOA’s participating countries to join the IMCS

event of 4th Global Fisheries Enforcement Training Workshop on 17-21 February

2014 in Costarica in order to increase the knowledge and cooperation of RPOA’s

participating countries on MCS international fora.

Meanwhile, as a participating country of RPOA, Indonesia’s commitment

shows by its participations on every agenda and program except the sub regional

network of the Gulf of Thailand because that network is only intended for Thailand,

Cambodia, Malaysia and Vietnam. Indonesia also actively shares data and

information related to the condition of national IUU fishing and fishing

management, implemented the RPOA Action Plan and cooperates with other RPOA

states members and other related organizations.

For example in 2016, Indonesia has ratified the FAO Port State Measures

(PSM) Agreement, which is included on the RPOA core Action Plan, after

previously having signed it in 2012. The PSM went into force since 5 June by issue

of the President Decree No. 43/2016 on May 2016. After the ratification, Indonesia

has not forgotten to report it to the RPOA on the RPOA 9th Coordination Meeting,

2016 and Indonesia also encourages other participating countries of the RPOA to

sign the PSMA and ratification of it too. Another example is the Indonesia

implementation of the RPOA core element on transshipment at sea, Indonesia

conducted a collaboration with other RPOA countries, namely Malaysia and

Australia on joint coordinated patrol.86

One of the RPOA workshops was a Regional Workshop on Public

Information Campaign in 2013. The workshop resulted in the establishment of the

Regional Public Information Campaign (Regional PIC). The objective of the

establishment is to educate fishers and fishing communities about the negative

86Indonesia Country Report for the RPOA 9th Coordination Meeting. (2016). Ministry of Marine

Affairs and Fisheries Republic of Indonesia.

Page 68: THE SUPPORTS OF RPOA INITIATIVE TO INDONESIA IN DEALING

55

impact of illegal fishing on the resources and the environment, and the

consequences if they have been caught conducting illegal fishing, either in their

national waters or in the waters of another country. Indonesia has succeeded joint

collaboration with Australia in conducting the PIC. As of the year 2013, the PIC

currently is running in eastern parts of Indonesia.87 This shows us another example

of Indonesia’s commitment towards the RPOA.

Another involvement of Indonesia in the RPOA is on the efforts of the

RPOA in strengthening the monitoring, control, and surveillance (MCS) within the

region, either through the regional and/or sub-regional networks. For example,

through the sharing of data and information about the listed IUU vessels, Indonesia

could take action on the IUU vessels that enter Indonesian waters and ports, whether

by denying port access or even enforcing laws and sanctions towards the vessels.

In the next chapter, the writer will elaborate and explain more about the Indonesian

involvement in strengthening the MCS system, one of main priorities of the RPOA.

87 Regional Plan of Action (RPOA) to Promote Responsible Fishing Practice including Combating

IUU Fishing in the Southeast Asia Region: RPOA 2007 to 2013 – An evaluation. (2013). The

Secretariat of RPOA. p.9

Page 69: THE SUPPORTS OF RPOA INITIATIVE TO INDONESIA IN DEALING

56

CHAPTER VI

THE ANALYSIS OF THE SUPPORTS OF RPOA

INITIATIVE TO INDONESIA IN DEALING WITH

ILLEGAL FISHING (2012-2016)

VI.1 The Overview of RPOA MCS Networks

IUU fishing is an illegal activity at sea that is hard to be detected without

the MCS. The presence of a regional cooperation, the RPOA, through the practices

of its core action plans especially strenghening the MCS system by all of RPOA’s

participating countries including Indonesia, makes the detection of IUU fishing

vessels in the region become easier due to the sharing and exchanging of data and

information of the surveillance among the RPOA’s participating countries. In the

RPOA Action plan, it is mentioned that state countries are responsible for sharing

and exhanging data and information of IUU fishing vessels, including: locations,

names of vessels, ports used (home and/or unloading port), species targeted, and

other relevant information.

a) identify their national organisations/institutions responsible for fisheries-

related MCS, and the primary contact person who shall act as the main

national coordinator for the purposes of this network;

b) collect and provide, upon request and as appropriate, timely and accurate

MCS information to other parties to the arrangement;

c) consider requests and, where appropriate and possible, cooperate in joint

fisheries-related MCS activities;

d) promote technical assistance, training, experience exchange and

institutional development to increase MCS knowledge and capability

amongst participating parties; and

Page 70: THE SUPPORTS OF RPOA INITIATIVE TO INDONESIA IN DEALING

57

e) consider the particular needs and obstacles faced by developing countries.88

The RPOA has established three sub-regional MCS networks which are:

The Sub-Regional of the Gulf of Thailand, the participating countries

namely Thailand, Cambodia, Malaysia, and Vietnam, with Thailand as the

coordinator

The Sub-Regional of the Arafura and Timor Seas, the participating countries

namely Indonesia, Papuan New Guinea, Australia, and Timor Leste, with

Australia as the coordinator

The Sub-Regional of the Southern and Eastern Area of the South China Sea

and the Sulu-Sulawesi Seas, the participating countries namely Indonesia,

Malaysia, Philippines, and Brunei Darussalam, with Malaysia as the

coordinator.

Sources: RPOA official website: http://www.rpoaiuu.org

Figure 6. 1 Map of RPOA MCS Sub-Regional Network of the Gulf of Thailand

88 Regional Plan of Action Monitoring, Control, and Surveillance (MCS) Network Terms of

Reference. Retrieved from RPOA Secretariat. Indonesia. Jakarta

Page 71: THE SUPPORTS OF RPOA INITIATIVE TO INDONESIA IN DEALING

58

Sources: RPOA official website: http://www.rpoaiuu.org

Figure 6. 2 Map of RPOA MCS Sub-Regional Network of the Southern and Eastern of South

China Sea and Sulu Sulawesi Seas

Sources: RPOA official website: http://www.rpoaiuu.org

Figure 6. 3 Map of RPOA MCS Sub-Regional Network of the Arafura and Timor Seas

From these three sub MCS networks, Indonesia is only involved in two networks,

it is except the sub-regional network of Gulf of Thailand.

Page 72: THE SUPPORTS OF RPOA INITIATIVE TO INDONESIA IN DEALING

59

VI.2 RPOA Sub-Regional MCS Networks

VI.2.1 RPOA Sub-Regional of the Arafura and Timor Seas MCS Networks

The focus of cooperative activities to combat IUU fishing in the sub

regional of the Arafura and Timor Seas consists from 3 elements, which are

information sharing, cooperative operations, and cooperative intelligence

gathering.

VI.2.1.1 Information Sharing

The participating countries of the MCS Network of Arafura and

Timor Seas meeting annually (see table 5.1) in order sharing and exchange

information about their fisheries condition particularly about the MCS

condition and its development. It has the purpose to promote the

uderstanding about each national MCS condition so they can learn from one

another. Moreover, the participating countries of this networks sharing

about what have they been done in order to practice of the network’s work

plan. From thus information exchange, the participating countries within the

networks could give an advice about partivular issues that faces by them. 89

VI.2.1.2 Cooperative Intelligence Gathering

Within the network of Sub-Regional of Arafura and Timor Seas,

participating countries of this groups sharing data and information about the

evidentiary materials that gained form the surveillance and other supporting

materials. 90

89 Regional Plan of Action to Promote Responsible Fishing Practice including Combating Illegal,

Unreported and Unregulated Fishing in the Region. (2007). The Secretariat of RPOA. 90 Summary Report of the 7th Coordination Committee Meeting of the Regional Plan of Action

(RPOA) to Promote Responsible Fishing Practices including Combating IUU Fishing in the

Southeast Asia Region. (2014). The Secretariat of RPOA. p.6

Page 73: THE SUPPORTS OF RPOA INITIATIVE TO INDONESIA IN DEALING

60

Sources: RPOA Secretariat (courtesy of AFMA 2012)

Figure 6. 4 Map of Dog Leg Area

For example, in the time frame from 2012 to 2013, Indonesia

maintained involvement in key IUU issues of the subregional group about

the concerned waters of the Dog Leg fisheries waters (see Figure 6.4).

Reported on the 3rd Meeting of the Sub-Regional Arafura and Timor Sea

2013, from the shared data and information of air surveillance data from the

Austalian Fisheries Management Authority (AFMA), 45 vessels were

sighted during 3 flights (flights on 14, 16, and 22 September 2012). From

that, 64% of the vessles sighted in Indonesian waters and 58% of the vessles

sighted in PNG waters were suspected to have conducted illegal fishing.

There were 12 fishing vessels flagged by the RPOA, originating from

Thailand and entering Indonesian waters. The vessels identified fishing

included those without an Indonesian license, gears not stowed during time

in Indonesian waters and/or have duplicate markings.91 Indonesia has sent

the notification to Thaliand authorities through the Indonesian embassy in

Bangkok to confirm thus 12 Thailand flagged fishing vessels.92

91 Report of the 3rd Meeting of Sub-Regional Arafura and Timor Seas. (2013). The Secretariat of

RPOA. 92 Indonesia Presentation Material for the 4th MCS Arafura-Timor Seas working Group Meeting

(2014). The Secretariat of RPOA.

Page 74: THE SUPPORTS OF RPOA INITIATIVE TO INDONESIA IN DEALING

61

In 2013, the IUU fishing practice in the Dog Leg fisheries water still

become an issue within the network of Arafura and Timor Seas since the

those IUU fishing vessel that become the actors of IUU practice still on the

process of investigation. After coordinated with Thailand related

authorities, Indonesian officials have taken prosecution against several

vessels and other vessels went under investigation.93 As the follow up action

to this issues, the RPOA secretariat help by sent representation to Thailand

to confirm the Thailand flagged vessels that were identified operating illegal

fishing during the operational activity. The RPOA Secretariat provided a

draft correspondence and evidentiary materials regarding thus issue and as

Indonesia has sent to the correspondence on 11 March 2014 to the

Indonesian Ambassador in Thailand. The correspondence requested

Thailand to investigate and apply appropriate sanctions under Thailand’s

law. 94

VI.2.1.3 Cooperative Operations

The RPOA also encourages its participating countries within the

sub-regional networks to conduct cooperative operation especially through

bilateral cooperation in the fisheries management and MCS capacity

building such as the technical and capacity cross-visit program. As an

example, in 2013, MMAF of Indonesia officers came to Australia to join

the ANCORS (Australian National Centre for Ocean Resources and

Security) Law of the Sea training and were invited to the AFMA in Canberra

and Darwin. In the same year, Indonesia also invited Australia to the

Workshop on The Law of the Sea in Jakarta, in which the lead role in the

training was delivered by the MMAF officers.95

Another example of the issues within the network that involving

Indonesia and need a cooperative operation is like an issue in the timeline

93 Report of the 3rd Meeting of Sub-Regional Arafura and Timor Seas. (2013). The Secretariat of

RPOA. 94 The MCS Sub-Regional (Arafura and Timor Seas Group: Summary of Outcomes against 2013

Key IUU Issues and Action Plan. (2014). The Secretariat of RPOA. 95 Report of the 3rd Meeting of Sub-Regional Arafura and Timor Seas. Op.cit

Page 75: THE SUPPORTS OF RPOA INITIATIVE TO INDONESIA IN DEALING

62

2014-2015. The first is about the banana boats Papua New Guinea flagged

that operated illegally in Australian waters targeting the trepang, which then

returned to Papua New Guinea and sold their products to Indonesian buyers.

The subregioanal coordination, Australia, decided that Papua New Guinea,

Indonesia, and Australia should nominate an officer from each country by

the end of May 2014 to form a working group in order to collate and analyse

the matter and formulate an action plan in relation to targeting the activities

at the export points in both Papua New Guinea and Indonesia. Hence,

Indonesia delegated Mr. Tuman Hardianto from the MMAF in March

2014.96

The Second issue is regarding the continuing issues of Indonesian

flagged vessels entering Australian waters. From the AFMA air

surveillance, Indonesian IUU vessels flagged from Kupang, Benoa, and

Maginti have been conducting IUU fishing in Australian waters. To

overcome this problem, Indonesia and Australia has been adressed the

issues through a bilateral cooperation, which includes measures such as

public information campaigns, coordinated patrol activity and on and off

water education of fishers.97

The third IUU key issue that Indonesia was involved in within the

time frame of 2014-2015 is about the indication of illegal transhipment at

the Indonesia-Papua New Guinea border by Indonesian VMS units. Thus

activity involving the Indonesian fllaged fishing vessel KM Bahari Timur

135. To overcome that issue, Indonesia is responsible to provide the

information to Australia through the Analysis of VMS information

pertaining to target areas where transhipment activity has occured. To show

the commitment, Indonesia has mapped thus activity and provided the

information to the Indonesian Navy and MMAF patrol vessels to undertake

96 MCS Sub-Regional (Arafura and Timor Seas Group: Summary of Outcomes against 2014 Key

IUU Issues and Action Plan .(2015). The Secretariat of RPOA. 97 MCS Sub-Regional (Arafura and Timor Seas Group: Summary of Outcomes against 2014 Key

IUU Issues and Action Plan .(2015). The Secretariat of RPOA.

Page 76: THE SUPPORTS OF RPOA INITIATIVE TO INDONESIA IN DEALING

63

patrol activity that have resulted the violation being detected, which

Indonesia will then share that information to Australia.98

Moreover, in the same time frame, the Australia-Indonesia

cooperation on MCS capacity building through the Fisheries

Management/MCS Training Program, that started in 2013, has been

completed. In the same year, the MMAF officer exchange to AFMA in

Darwin on 3 occasions have delivered specific fisheries management and

MCS training. To support the MCS system and the Port State Measures

(PSM), the Indonesia-Australia training program in Bali, Batam, and

Ambon has been carried out. The offices completed theoritical and practical

inspection training.99

Sources: RPOA Secretariat

Figure 6. 5 Photograph of vessel Fu Yuang Yn 167 (left) and Fu Yuang Yu 165 (right)

from the Australia surveillance

The large scale fishing vessels Fu Yuang Yu 165 and Fu Yuang Yu

167 (see Figure 6.5) has been sighted entering Australian waters during

Australian surveillance. The vessels are seen as Indonesian flagged. Under

the sub-regional Action Plan of 2015-2016, Australia should provide

information of the vessel sighting during the surveillance and Indonesia

should provide feedback of the licencing details of sighted vessels. Then,

Australia has given the necessary Information to Indonesian authorities. As

98 MCS Sub-Regional (Arafura and Timor Seas Group: Summary of Outcomes against 2014 Key

IUU Issues and Action Plan .(2015). The Secretariat of RPOA. 99 Australia Country Report on the 5th MCS Sub-Regional Group (Arafura and Timor Seas)

Meeting. (2015). The Department of Agriculture and Water Resources of Australian Government

Page 77: THE SUPPORTS OF RPOA INITIATIVE TO INDONESIA IN DEALING

64

feedback, Indonesia confirmed that both vessels were not registereed on

Indonesia licenses.100

Another IUU key issue in the sub-region for the time frame of 2015-

2016 is the members of the groups need to explore the possibility of Ship

Rider and/or other arrangements in order to effect joint and/or coordinated

patrol capabilities. As been reported by Indonesia, the progress of the follow

up action is that Indonesia and Australia has conducted the Indonesia-

Australia Fisheries Surveillance Forum, including the Ship Rider,

coordinated patrol and other relevant cooperation.101 The patrols that been

conducted including the AUSINDO CORPAT patrol between the Royal

Australian Navy and the Republic of Indonesia Navy (TNI) and between

Australian Border Force (ABF) and Indonesian Ministry for Maritime

Affairs and Fisheries (MMAF).102

VI.2.2 RPOA Sub-Regional of the Southern and Eastern Area of the

South China Sea and the Sulu-Sulawesi Seas MCS Networks

The development of the sub-regional Eastern Area of the South China

Sea (SESCS) and the Sulu-Sulawesi Seas (SSS) is quite slow. The sub-regional

activity of this SESCS and SSS during 2012 to 2015 was about the information

sharing and simplification of group’s work plan matrix.

VI.2.2.1 Information Sharing

The shared information within this networks is quite same with the

sub-regional networks of Arafura and Timor Seas. Each of participating

countries within this networks sharing information about the current

situation and development of the fisheries management and efforts in

100 Indonesia Country Report on the 6th MCS Sub-Regional Group (Arafura and Timor Seas)

Meeting.(2016). Ministry of Marine Affairs and Fisheries Republic Indonesia 101 Ibid 102 Australia Country Report on the 6th MCS Sub-Regional Group (Arafura and Timor Seas)

Meeting. (2016). The Department of Agriculture and Water Resources of Australian Government

Page 78: THE SUPPORTS OF RPOA INITIATIVE TO INDONESIA IN DEALING

65

combating IUU fishing particularly that related to MCS. What make it

different is that within this network, the participating country do not update

about their implementation of group workplan since the workplan itself was

in the process of simplification.

VI.2.2.2 Simplification of Workplan

Within this network, participating country of this group in the period

of 2012 to 2015 focus on identifying of what is their shared or common

interest about what kind or type of issues and program that they will

focusing within the group. Just in 2015 at the 6th meeting of the Sub-

Regional Meeting, the network finally agreed on the matrix of workplan that

has been simplified. The details of the simplified workplan can be seen at

Appendix 1. From the appendix 1, the reader could see that the matrix, the

planned future program and activities in the MCS include the technical visit

to a country that has succesfully implemented the MCS program, adopt best

practices, exchange and attachment of officials among RPOA’s

participating countries, information sharing on license vessels, apprehended

vessels committing IUU, notification of innocent passage, bilateral

arrangement among RPOA’s participating countries on fisheries matters, set

up web-based communication among RPOA’s participating countries,

evaluate the effectiveness of the MCS network system among RPOA’s

participating countries, regular programs to increase capacity building

among officials of RPOA’s participating countries through program such as

the fisheries management/MCS and Ecosystem Approach to Fisheries

Management (EAFM) training, development of Public Information

Campaign (PIC), and sharing experience and developmentment of

community involvement programs to support MCS implementation.103 The

workplan matrix is still quite general, it is not mentioned about what

particular country should take action and the process evaluation is mostly

103 Report of the 6th Sub regional Meeting on Regional Plan of Action (RPOA) and Illegal,

Unreported and Unregulated (IUU) Fishing in the Southern and Eastern Areas of the South China

Sea and The Sulu-Sulawesi Seas. (2015). The Secretariat of RPOA.

Page 79: THE SUPPORTS OF RPOA INITIATIVE TO INDONESIA IN DEALING

66

still on-going, started in 2005, or even planned to start in 2017. In 2016, the

network not conducted the annual meeting which is the 7th sub-regional. It

is planned to held in 2017, so there is no further information about the

groups activities and development.

From the explanation above about the sub-regional SESCS and SSS and

the Arafura and Timor Seas, we could see the different development of each

network. The Arafura and Timor Seas groups is more developed and

structurized and Indonesia provides much more involvement within these

networks. The engangement of Indonesia in the Arafura and Timor Seas

through the MCS activity and the program has supported Indonesia’s efforts in

combating IUU fishing. While the involvement of Indonesia in SESCS and SSS

is still limited, as it is mostly just sharing information about Indonesia’s

fisheries condition.

Furthermore, besides practicing the core action strengthening MCS

system, from the explanation above especiall, it also indicate that Indonesia and

other articipating countries within the networks also promoting the practices of

other RPOA’s action plan which is the core of flag state responsibilities. Since,

they sharing information about their IUU fishing vessel and took action in

relation to their own flagged fishing vessels that conduct IUU fishing within

each others's waters.

VI.3 RPOA Regional MCS Network through IUU Fishing Vessel

List

The RPOA IUU Fishing Vessel List is a list showing the comitment of the

eleven RPOA’s participating countries to sharing data and information in the

regional MCS network. The RPOA IUU Fishing Vessel coordinated by the RPOA

Secretariat, consisted the list of large scale IUU fishing vessel movement and

sightings that suspected of unloading catches, resupplying and/or refueling in the

ports of countries in the Southeast Asian region.104 In 2012, the RPOA IUU Fishing

Vessel List has not yet been made. The draft procedures of the list was being

104

IUU Vessel – RPOA-IUU. (n.d.). Retrieved from http://www.rpoaiuu.org/iuu-vessel/

Page 80: THE SUPPORTS OF RPOA INITIATIVE TO INDONESIA IN DEALING

67

considered on the RPOA 5th Coordination Committee in 2012 and has been

developed in 2013.105

The mechanism is carried out by monitoring the movement of fishing

vessels that have been registered in the IUU vessels list of RFMO such as

Commission for the Conservation of Antarctic Marine Living Resources

(CCAMLR), Western and Central Pacific Fisheries Commission (WCPFC), Indian

Ocean Tuna Commission (IOTC), International Commission for the Conservation

of Atlantic Tuna (ICCAT), Inter-America Tropical Tuna Commission (IATTC) and

the list of IUU vessels of the RPOA. The RPOA participating countries are

responsible to update the information of IUU vessels including the position, the

speed, the direction of the ship, and the latest photograph of the vessel, and then the

information will be forwarded to all RPOA’s participating countries.106 The tables

below are the data of the RPOA IUU Fishing Vessel List during 2013-2016.

No. Date of Notification Current Name

(Previous Name)

Current Flag

(Previous Flag)

1. 1 February 2013 No Name Mongolia

2. 11 February 2013 No Name Mongolia

3. 12 March 2013 FV Hongsui (FV. Huang He

22) Tanzania

4. 26 March 2013 No Name Mongolia

5. 4 April 2013 FV Lana (FV Zeus) Unknown

6. 16 April 2013 FV Thunder (FV Kuko) Nigeria

7. 17 April 2013 MV Keshan (MV

Baiyangdian) Mongolia

8. 19 April 2013 FV Wuhan No.4 (FV Thunder

and FV Kuko) Mongolia

105 RPOA Secretariat Report: The 6th RPOA Coordination Committee Meeting. (2013). The

Secretariat of RPOA. 106 Listing Procedure – RPOA-IUU. (n.d.). Retrieved from http://www.rpoaiuu.org/listing-

procedure/

Page 81: THE SUPPORTS OF RPOA INITIATIVE TO INDONESIA IN DEALING

68

9. 28 May 2013 FV Chendu (FV Shaanxi

Henan 33) Tanzania

10. 28 May 2013 FV Nihewan (FV Huiquan) Tanzania

11. 17 June 2013 FV Snake (FV Octopus I) Tanzania

12. 15 July 2013 FV Nihewan (FV Huiquan) Tanzania

13. 31 July 2013 MV Tiantai (MV Keshan) Mongolia

14. 4 September 2013 FV Lana (FV Zeus) Unknown

15. 9 September 2013 FV Chang Bai (FV Hongsui) Tanzania

16. 19 September 2013 FV Thunder (FV Kuko) Nigeria

17. 17 October 2013 FV Qian Yuan Cambodia

18. 29 October 2013 FV Berber (FV Snake and FV

Octopus I) Libya

Sources: RPOA Secretariat Report 2013

Table 6. 1 RPOA Vessel Movement and Sighting List on 2013

No. Date of Notification Current Name

(Previous Name)

Current Flag

(Previous Flag)

1. 18 February 2014 FV Lana (FV Zeus) Nigeria

2. 21 March 2014 FV Viking Nigeria

3. 8 April 2014 FV Chang Bai (FV Hongsui) Unknown

4. 15 April 2014 FV Chang Bai (FV Hongsui) Tanzania

5. 15 April 2014 FV Thunder (FV Kuko) Nigeria

6. 23 July 2014 FV Perlon Nigeria

7. 17 Desember 2014 FV Taishan Tanzania

8. 17 Desember 2014 FV Jianfeng Indonesia but

not flag visible

9. 17 Desember 2014 FV Yunnan Indonesia but

not flag visible

Sources: RPOA official website: http://www.rpoaiuu.org

Table 6. 2 RPOA Vessel Movement and Sighting List on 2014

Page 82: THE SUPPORTS OF RPOA INITIATIVE TO INDONESIA IN DEALING

69

No. Date of Notification Current Name

(Previous Name)

Current Flag

(Previous Flag)

1. 13 February 2015 FV Thunder (FV Kuko) Nigeria

2. 19 February 2015 FV Yongding Equatorial

Guinea

3. 19 February 2015 FV Kunlun Equatorial

Guinea

4. 19 February 2015 FV Songhua Equatorial

Guinea

5. 19 February 2015 FV Kunlun Equatorial

Guinea

6. 6 April 2105 FV Thunder (FV Kuko) Nigeria

7. 22 April 2015 FV Perlon Nigeria

8. 9 September 2015 FV Kunlun/Taishan Unknown

9. 25 September 2015 FV Viking Nigeria

Sources: RPOA official website: http://www.rpoaiuu.org

Table 6. 3 RPOA Vessel Movement and Sighting List on 2015

No. Date of Notification Current Name

(Previous Name)

Current Flag

(Previous Flag)

1. 29 January 2016 FV Mook Andaman Thailand

2. 20 May 2016 FV Andrey Dologlov Cambodia

3 20 May 2016 FV Bochang No.3 Unknown

Sources: RPOA official website: http://www.rpoaiuu.org

Table 6. 4 RPOA Vessel Movement and Sighting List on 2016

As we can see from the Table 6.1 until Table 6.4 during the period of 2013-

2016, there were 39 IUU fishing vessels on the RPOA IUU Fishing Vessel List.

Most IUU vessels were flagged from Nigeria, Mongolia, and Tanzania, while the

others were flagged from Cambodia, Libya, Equatorial Guinea, Indonesia,

Page 83: THE SUPPORTS OF RPOA INITIATIVE TO INDONESIA IN DEALING

70

Thailand, and several vessels were unknown. Furthermore, the Table 6.1 to Table

6.4 also shows that there is a downward trend in the number of IUU fishing vessels

that have tried to access the RPOA regions including its ports over the years.

1. Listed IUU Fishing Vessel: FV Thunder Investigation by Indonesia

One of listed fishing vessels in the RPOA is FV Thunder. The FV

Thunder was built in Norway in 1969 and it had many names over the years,

namely Vesturvón, Arctic Ranger, Rubin, Typhoon I, Kuko, and Wuhan N4.

It was registered as a fishing vessel of many countries including Britain,

Seychelles, Belize, Togo, Faroe Islands, Mongolia, and most recently,

Nigeria. 107 The vessel is on the Non Contracting Party IUU List of the

Commission for the Conservation of Antartic Marine Living Resources

(CCAMLR) since 2003.108

In 15 April 2014, the Austalian Fisheries Management Authority

(AFMA) notified all RPOA’s participating countries including Indonesia

through the RPOA Secretariat regarding the FV Thunder. Previously the FV

Thunder was seen 3 (three) times in RPOA waters in 2013, which was in 16

April, 19 April and 19 September. In the AFMA notification in April 2014,

the FV Thunder was last seen at the position 08⁰ 39' south and 090⁰ 30' east

at 0842 GMT, heading 015⁰ at 9 knots. This position is to the north west of

the Cocos (Keeling) Islands in the Indian Oceans and this vessel's current

heading indicates that it attempts to access an RPOA country’s port. The

AFMA identification of the FV Thunder is as follows:109

107 Urbina, I. (2015). A Renege Trawler, Hunted for 10.000 Miles by Vigilantes. Retrieved from

www.nytimes.com/2015/07/28/world/a-renegade-trawler-hunted-for-10000-miles-by-

vigilantes.html?_r=0 108 See further detail at Commission for Conservation of Antarctic Marine Living Resources

(CCAMLR) Non-Contracting Party IUU Vessel List: https://www.ccamlr.org/en/node/84699 109 Notification Ref: F2013/6807. (2014). Australia Fisheries Management Authority (AFMA).

Page 84: THE SUPPORTS OF RPOA INITIATIVE TO INDONESIA IN DEALING

71

Figure 6. 6 Identification of FV Thunder by Australia Fisheries Management Authority

(AFMA)

Figure 6. 7 Photograph of FV Thunder by Australia on 14 April 2014

After recieving the notification from the RPOA Secretariat, the

Directorate General of Surveillance for Marine and Fisheries Resource

(PSDKP) of the MMAF of Indonesia distibuted the information to related

agencies. On 20 April 2014, the FV Thunder entered the Benoa Port, Bali.

The Indonesian port authorities conducted a full inspection that consisted of

the procedure of the FAO Port State Measures Agreement (PSMA). After the

investigation and coordination with the related agencies, the Benoa Port

authority issued the Port Clearance or SPB (Surat Persetujuan Berlayar) and

the FV Thunder should leave the port.

2. Listed IUU Fishing Vessel: FV Viking Investigation by Indonesia

On 25 February 2016, The AFMA notified the RPOA again about the

FV Viking with the IMO 8713392. The FV Viking has a long history of

engaging in IUU fishing in the Southern Ocean and was listed in the Non

Contracting Party IUU List of the CCAMLR, as well as a subject to Interpol

Purple Notice, as the request of Norwegia, issued on the 6th September 2013.

The AFMA identification of FV Viking is as follows:

Page 85: THE SUPPORTS OF RPOA INITIATIVE TO INDONESIA IN DEALING

72

Figure 6. 8 Identification of FV Viking by Australia Fisheries Management Authority

(AFMA)

The vessel was confirmed by Indonesian surveillance who sighted the

FV Viking at at the position 01⁰ 26.771 North and 104⁰ 35.879 East. The FV

Viking was suspected to be loitering near Indonesian waters.110 From the

Purple Notice of Interpol, the FV Viking was known to have already been

renamed 13 times, 12 times changed the flag, and 8 times changed the call

sign. For the modus operandi, the vessel was suspected to have violated

national laws of many countries as well as the regulations of international

convesion and involved in illegal activity related the fisheries crime.111

The FV Viking was captured by one of the Indonesian warships fleet

of Koarmabar (Komando Armada RI Kawasan Barat), namely the KRI Sulta

Thaha Saifudin-375 on 25 February 2016 in Indonesian waters near the Riau

islands and was escorted to Tanjung Uban port to be inspected. The RPOA’s

participating countries including Australia and Singapore played a big role on

sharing the information about the FV Viking that lead to its arrest. 112 From

the inspection, the vessels were found to have violated several Indonesian

laws including the violation of Indonesia Maritime Sail Regulation, Fisheries

Act concerning fishing gears and fishing license.113

The Indonesian authority confirmed about the registration of the FV

Viking that was flagged Nigeria to the Nigerian authorities. The Federal

110 Notification REF: F2014/2278. (2016). Australia Fisheries Management Authority (AFMA). 111 Kronologi Penangkapan Kapal FV Viking.(n.d). Retrieved from

http://www.tnial.mil.id/tabid/79/articleType/ArticleView/articleId/27696/Default.aspx 112 Ibid 113 Indonesia Country Report on the 6th MCS Sub-Regional Group (Arafura and Timor Seas)

Meeting.(2016). Ministry of Marine Affairs and Fisheries Republic Indonesia

Page 86: THE SUPPORTS OF RPOA INITIATIVE TO INDONESIA IN DEALING

73

Ministry of Agriculture and Rural Development of Nigeria responded by

providing the offcial statement that denied the FV Viking's vessel registry,

nationality, and authorization for fishing operation. Hence, the vessels status

is stateless or vessels without nationality. The investigation of the FV Viking

was helped by Australia that provided Indonesia the inteligence of the vessels

history, violations in the CCMALR area, by Norwegia that provided

intelligence and analytical assistance and by Canada that provided digital

forensic assistance on digital devices found in the FV Viking. Thus the

Multilateral Investigation Support Team (MIST) uncovered some information

on the FV Viking fishing vessel. Based on the Indonesian presentation report

in the RPOA 9th CCM Meeting, the findings of MIST as follows:

The documents of shipping and trading, and communication of FV

Viking leads to Spanish owner

The FV Viking received suplies from shipping companies based from

Singapore, Spain, and Thailand; and FV Viking often docken in

Singapore and Thailand; as well as often conducted transhipment at sea

The buyers of FV Viking’s fish catch are mainly from Malaysia,

Vietnam, Thailand, and Hongkong

FV Viking’s crews are not paid for several months

The suspected trader is a company domiciled in Seychelles114

After the investigation, the Indonesian authorities decided to sink the

vessel in Pangandaran waters, West Java, on 14 March 2016. This action

shows Indonesia’s commitment in combating IUU fishing in either in their

national waters and/or in the region, as acknowledged by Senator Anne

Ruston, the Assistant Minister for Agriculture and Water Resources of

Australia:

“This is a great outcome and I thank the Indonesian

authorities for their commitment and leadership to eradicating

IUU fishing...Australia works closely with its international

114 Indonesia Country Report for the 9th Coordination Committee Meeting.(2016). Ministry of

Marine Affairs and Fisheries Republic Indonesia

Page 87: THE SUPPORTS OF RPOA INITIATIVE TO INDONESIA IN DEALING

74

counterparts, as part of the Regional Plan of Action, a

multinational plan that encourages collaboration to detect

and deter IUU fishing. IUU fishing harms the sustainability of

marine resources and Indonesia’s actions will serve as a

strong deterrent against other IUU operators seeking to

plunder our marine resources.”115

The writer believes that the detection of this ship is as the result of great

cooperation among countries in the region, it demostrates the RPOA’s participating

countries’ comittment in improving the MCS in the RPOA region through data and

information exhange including the evidentiary materials of surveillance. It also

helps the RPOA participating countries of RPOA’s core action of coastal state

responsibilities by practicing and sharing the MCS and law enforcement of the IUU

vessels within the national level similar to what Indonesia has done towards the FV

Viking with the help of Australia and other countries.

In addition, the success of this MCS activity also helps the achievement of

another RPOA main priority which is the Port State Measure (PSM) by the rejection

of foreign IUU fishing vessels that want to access the port(s) in the region like the

case of FV Thunder. So far, the RPOA IUU Fishing Vessels and its detection system

helps the efforts of the RPOA and its members including Indonesia in combating

the IUU fishing of large scale fishing vessels. This system is useful in creating the

deterrent effect for the IUU vessels as we can see from the downward trend of IUU

vessels that were listed to have entered the RPOA region. The system generates the

increasing potential of large losses for IUU fishing vessels if the vessels were

denied to enter the RPOA ports. This means, if the vessels were denied to entry the

port, the vessel cannot land the catches, resupply logistics for the crew, and refuel.

The more often these vessels would be refused to enter the ports in the RPOA

region, the longer they will be in the ocean, which means that they will spend a

115 Indonesia sinks the IUU fishing vessel Viking. (2016). Retrieved January 1, 2017, from

http://minister.agriculture.gov.au/ruston/Pages/Media-Releases/indonesia-sinks-iuu-fishing-

vessel-viking-.aspx

Page 88: THE SUPPORTS OF RPOA INITIATIVE TO INDONESIA IN DEALING

75

larger amount of fuel and logistics, as well as blocking or limiting their opportunity

to land the catches in the port, so over time, they will lose the profit/money.116

VI.4 The Weaknesses of RPOA MCS Networks

Despite the succed story of RPOA MCS networks, the RPOA still need to

improve the MCS networks and its sytem since there are a few weaknesses that

could be found. First, is about the appoach of the IUU Fishing Vessel List. It is

useful to detected the IUU vessel that might enter port of RPOA’s participating

countries so they can do the inspection like what have been explained. But it

become the challenge if those vessels conduting the transshipment at sea and/or

avoiding the ports. It decrease the probability of the RPOA’s participating countries

including Indonesia to be able to do the inspection if that happen since Indonesia

still have limited MCS facilities and infrastucture.

Second weaknesses of the RPOA MCS networks is the development of the

sub-regional networks where Indonesia involves is still unequal. The progress of

the sub-regional of Arafura and Timor Seas is faster rather than the sub-regional of

Eastern Area of the South China Sea and the Sulu-Sulawesi Seas. The sub-regional

of Arafura and Timor Seas has succeed on shares the data and information regarding

the MCS activities such as the air surveillance information about IUU vessels

movement within the group’s waters. This has help Indonesia to know about the

foreign IUU vessels that enter Indonesia and/or about the Indonesian fishing vessels

that enter other countries waters particularly the group’s member waters.

Meanwhile, the development of sub-regional of Eastern Area of the South China

Sea and the Sulu-Sulawesi Seas is quite slow and the outcomes and the use of it to

support Indonesia in combating IUU fishing still not clear. There is no further

details or report that show significant development on the implementation of sub-

regional of Eastern Area of the South China Sea and the Sulu-Sulawesi Seas work

plan.

116 Based from the explanation by Mr. Ahmad Firdaus, a Head of Cooperation Program Sub Division

of the Secretariat of Directorate General of Surveillance for Marine Fisheries Resource, Ministry of

Marine Affairs and Fisheries of Indonesia and also serves as RPOA Secretariat member, in RPOA

Secretariat office, Jakarta, on November 7, 2016.

Page 89: THE SUPPORTS OF RPOA INITIATIVE TO INDONESIA IN DEALING

76

In relations with the concept of regionslism that used by the writer and has

been explained in previous chapter, regionalism in this thesis applied on explaining

relation and cooperation between eleven participating countries of RPOA.

According to regionalism concept, the relation and cooperation of multilateral

groupings of neighbouring countries is to attain common goals and solve particular

problem. In this term, the establishment and operation of RPOA and its MCS

network is because there is a common interest and goals of RPOA’s participating

countries to combat one of non-traditional security threat, IUU fishing since the

threat of IUU fishing practice could lead to depletion of fish stock in which will

endanger their food security as well as affected to their economic.

Moreover, besides using the concept of regionalism and NTS, the writer

also use the concept of national interest. In which, the writer use the national interest

concept to explain the Indonesia active involvement in RPOA MCS networks is

because Indonesia has goals in combating IUU fishing in order to protects its

country from the negative impact that brought by the IUU fishing practices in

Indonesia.

Page 90: THE SUPPORTS OF RPOA INITIATIVE TO INDONESIA IN DEALING

77

CHAPTER VII

CONCLUSION AND RECOMMENDATION

The practices of IUU fishing is a serious concern. IUU fishing could be

categorized as the non-traditional security threat, it is not only damages the fisheries

resources and ecosystem, but also threatens the interest of local fisherman, national

fishery business, and even it might be cause to the instability of a state's food

security, maritime security, and triggers the conflict between countries as well as

affected to their national economic. Indonesia as the archipelagic country that has

wide range of waters zone faces the challenge of the rampant occurrence of IUU

fishing. The factors of the IUU fishing in Indonesia are coming from various

aspects, including the condition of Indonesia that has abundance of fisheries

resources, while there are trend of increasing demand for fisheries product

worldwide, the condition of Indonesia's fisheries MCS facilities and infrastructure

that still limited, the low of human resources capabilities and awareness of

fisherman and people in fisheries business industry, and the weak enforcement of

fishing legislations in Indonesia. The IUU fishing practices impacted Indonesia on

several sectors such as economic, societal, and environmental.

To combat IUU fishing, Indonesia’s government has adopted national and

international laws through soft and hard approaches. In soft approach, one of the

way is by conducted bilateral, regional and multilateral cooperation to address the

IUU fishing issues. The involvement of Indonesia in the RPOA is an example of

Indonesia effort to faces the IUU issues through the regional cooperation. Besides

Indonesia, there are other ten participating countries in RPOA, namely Australia,

Timor Leste, Papua New Guinea, Malaysia, Singapore, Brunei Darussalam,

Thailand, Philippines, Vietnam, and Cambodia.

The RPOA has eleven core Action Plan, the writer focus on one core action

which is strengthening the MCS system where in order to strengthening the MCS

Page 91: THE SUPPORTS OF RPOA INITIATIVE TO INDONESIA IN DEALING

78

system, the participating countries of the RPOA enters into the sub-regional and

regional MCS networks. Indonesia involves in the regional MCS network as well

as in two out of three the RPOA sub-regional networks, which are the Sub-Regional

of the Arafura and Timor Seas, together with Papua New Guinea, Australia, and

Timor Leste, and the Sub-Regional of the Southern and Eastern Area of the South

China Sea and the Sulu-Sulawesi Seas, together with Malaysia, Timor Leste, and

Papua New Guinea.

The commitment of Indonesia and other ten countries to enter the regional

cooperation of RPOA MCS networks is showing the effort and good intention of

the countries to combat IUU fishing in Southeast Asia region to protect the people

and the states from the impacts that might occurred because of IUU fishing

practices. From the explanation in Chapter VI, the RPOA MCS network is helpful

to support Indonesia’s effort in combat IUU fishing in three reasons.

First, it because within the networks, participating countries are actively

sharing and exchanging data and information including the intelligence gathering.

The shared data and information including about the current condition of each

fisheries and MCS activities and its development up to the supporting evidentiary

materials that gained from the surveillance regarding the IUU fishing activity. This

promote the understanding between each national fisheries condition of RPOA

participating country so they can learn from each other. Furthermore, this

information and data sharing make the IUU fishing in the region, both national and

foreign vessel in Indonesia waters, become easier to be detected, as well as detected

the Indonesian vessels outside the country. In which that very helpful since

Indonesia has limited MCS facilities and infrastructure. In which, from the

surveillance data and information, Indonesia can proceed the IUU vessel into the

next level such as investigation up to arrested and put the sanction.

Second, within the RPOA MCS network the participating countries conduct

cooperative operation on MCS activities. The RPOA encourage its participating

countries to conduct cooperative operations on MCS activities through technical

cross-visit, training, and coordinated patrol activity at sea especially through the

Page 92: THE SUPPORTS OF RPOA INITIATIVE TO INDONESIA IN DEALING

79

bilateral cooperation. It is like have been done between Indonesia and Australia

which both of them are the member of the sub-regional networks of Arafura and

Timor Seas. Thus cooperative activities not only lead to better detection of IUU

fishing directly such as through patrol at sea, it also increase the capacity building

of fisheries officers in which it also impacted to the easier detection of IUU vessels

since the officers has the better capacity to prevent IUU fishing through better

management of MCS and handle the IUU offenders better since they have more

knowledge and management in doing the investigation, so the IUU fishing

offenders could obtain appropriate punishment in line with what they did.

Third, in practicing the core action strengthening the MCS system through

MCS Networks, the RPOA participating countries also promote the practice of

other RPOA Action Plan such as coastal state responsibilities, flag state

responsibilities, and port state measures. As the follow up of the outcome of MCS

activity resulted from the networks, the RPOA encouraged its participating

countries to take action in relation to their own flagged fishing vessels that

conducting illegal activity within each other’s waters, as well as take action to

foreign IUU fishing vessels that enter their waters by conducting inspection,

denying port access, and eradication of IUU fishing vessels. Thus will strengthen

the effort of RPOA and its participating countries in combating IUU fishing.

In conclusion, the RPOA MCS networks has supports Indonesia's efforts in

combating IUU fishing by its involvement through the Ministry of Marine Affairs

and Fisheries in as one of participating country both in regional and sub-regional of

RPOA MCS networks. The support of RPOA MCS networks particularly in term

of technical and capacity building on MCS. However, there still several weaknesses

that could be found which will undermine the RPOA and its member effort in

combating IUU fishing through the MCS networks. Thus, the recommendation

which need to be considered to enhance effort of combating IUU fishing such as:

increasing the number of meeting, training, workshop, join patrol and other

activities that related with MCS, both in sub-regional and sub-regional MCS

networks, especially in the sub-regional of Eastern Area of the South China Sea and

the Sulu-Sulawesi Seas, so it could bring more positive impact to support Indonesia

Page 93: THE SUPPORTS OF RPOA INITIATIVE TO INDONESIA IN DEALING

80

in combating IUU fishing. Each of the RPOA participating countries also need to

strengthening the commitment towards its coastal state responsibilities through

fixing and improve the fisheries and MCS legislation, program, facilities and

infrastructure in order to decreasing the number of IUU fishing practice especially

those illegal activity that conducted by their own flagged IUU vessels.

Page 94: THE SUPPORTS OF RPOA INITIATIVE TO INDONESIA IN DEALING

81

BIBLIOGRAPHY

A. Books and Journal Articles

Braid, R. J. (2004). Illegal, Unreported, and Unregulated Fishing: An Analysis of

the Legal, Economic, and Historical Factors Relevant to its Development

and Persistence. Melbourne Journal of International Law, 5(2), 229-335.

Fabra, A., & Gascón, V. (2008). The Convention on the Conservation of Antarctic

Marine Living Resources (CCAMLR) and the Ecosystem Approach. The

International Journal of Marine and Coastal Law, 23(3), 567-598.

doi:10.1163/092735208x331854

Jaelani, A. Q., & Basuki, U. (2014). Illegal Unreported and Unregulated (IUU)

Fishing: Upaya Mencegah dan Memberantas Illegal Fishing dalam

Membangun Poros Maritim Dunia. Supremasi Hukum, 3(1), 168-192.

Liss, C. (2007). The Privatisation of Maritime Security - Maritime Security in

Southeast Asia: Between a rock and a hard place?

Liss, C. (2013). New Actors and the State: Addressing Maritime Security Threats

in Southeast Asia. CONTEMPORARY SOUTHEAST ASIA, 35(2), 141-

162. doi:10.1355/cs35-2a

Muhamad, S. V. (2012). Illegal Fishing di Perairan Indonesia: Permasalahan dan

Upaya Penanganannya Secara Bilateral di Kawasan. Politica, 59-83.

Sani, M. A., & Zengeni, K. T. (2014). International Relations. Kuala Lumpur,

Malaysia: Pearson Malaysia Sdn Bhd.

Setyadi, Y. W. (2014). Upaya Megara Indonesia dalam Menangani Masalah

Illegal Fishing di Zona Ekonomi Eksklusif Indonesia.

Österblom, H., Bodin, O., Sumaila, R., & Press, A. J. (2014). Reducing Illegal

Fishing in the Southern Ocean: A Global Effort. Solutions, 5(4), 72-79.

B. Official Documents and Reports

Australia Country Report 2012 for RPOA 5th Coordination Committee Meeting.

(2012). The Department of Agriculture and Water Resources of Australian

Government.

Australia Country Report on the 5th MCS Sub-Regional Group (Arafura and

Timor Seas) Meeting. (2015). The Department of Agriculture and Water

Resources of Australian Government.

Australia Country Report on the 6th MCS Sub-Regional Group (Arafura and

Timor Seas) Meeting. (2016). The Department of Agriculture and Water

Resources of Australian Government.

Kusuma, I., Halomoan, B., et al., (2011). Regional Plan of Action Activities 2006-

2011. Jakarta, Indonesia: The Ministry of Marine Affairs and Fisheries of

Republic Indonesia.

Indonesia Country Report for the 9th Coordination Committee Meeting. (2016). Ministry of Marine Affairs and Fisheries Republic Indonesia.

Page 95: THE SUPPORTS OF RPOA INITIATIVE TO INDONESIA IN DEALING

82

Indonesia Country Report for the RPOA 9th Coordination Meeting. (2016).

Ministry of Marine Affairs and Fisheries Republic of Indonesia.

Indonesia Country Report on the 6th MCS Sub-Regional Group (Arafura and

Timor Seas) Meeting. (2016). Ministry of Marine Affairs and Fisheries

Republic Indonesia.

Kusuma, I. (n.d.). Indonesia Efforts in Combating IUU Fishing. Ministry of

Marine Affairs and Fisheries of Republic of Indonesia.

Malaysia Country Report 2012 for RPOA 5th Coordination Committee Meeting.

(2012). Department of Fisheries Malaysia Putrajaya.

Regional Plan of Action (RPOA) to Promote Responsible Fishing Practice

including Combating IUU Fishing in the Southeast Asia Region: RPOA

2007 to 2013 – An evaluation. (2013). The Secretariat of RPOA.

Regional Plan of Action to Promote Responsible Fishing Practice including

Combating Illegal, Unreported and Unregulated Fishing in the Region.

(2007). The Secretariat of RPOA.

Rencana Strategis (RENSTRA) Direktorat Jenderal Pengawasan dan Perikanan

(PSDKP) Tahun 2015-2019. (n.d.). Ministry of Marine Affairs and

Fisheries of Republic of Indonesia

Report of the 3rd Meeting of Sub-Regional Arafura and Timor Seas. (2013). The

Secretariat of RPOA.

Report of the 6th Sub regional Meeting on Regional Plan of Action (RPOA) and

Illegal, Unreported and Unregulated (IUU) Fishing in the Southern and

Eastern Areas of the South China Sea and The Sulu-Sulawesi Seas.

(2015). The Secretariat of RPOA.

The MCS Sub-Regional (Arafura and Timor Seas Group: Summary of Outcomes

against 2013 Key IUU Issues and Action Plan. (2014). The Secretariat of

RPOA.

The MCS Sub-Regional (Arafura and Timor Seas Group: Summary of Outcomes

against 2014 Key IUU Issues and Action Plan. (2015). The Secretariat of

RPOA.

The Summary Report of the 6th Coordination Committee Meeting of the Regional

Plan of Action (RPOA) to Promote Responsible Fishing Practices

including Combating IUU Fishing in the Southeast Asia Region. (2013).

The Secretariat of RPOA.

The Summary Report of the 7th Coordination Committee Meeting of the Regional

Plan of Action (RPOA) to Promote Responsible Fishing Practices

including Combating IUU Fishing in the Southeast Asia Region. (2014).

The Secretariat of RPOA.

C. Website

Adrian, B., & Angkasa. (n.d.). Kelautan dan Permasalahan Indonesia. Retrieved

from

http://202.146.4.40/read/newsprint/103/indo.defence.diharap.memacu.indu

stri.pertahanan

Page 96: THE SUPPORTS OF RPOA INITIATIVE TO INDONESIA IN DEALING

83

Business Dictionary. (n.d.). Definition and meaning: What is research

methodology? Retrieved from

http://www.businessdictionary.com/definition/research-methodology.html

Captain Somjade Kongrawd. (n.d.). IUU Fishing: Definition, Problems and

Overcoming. Retrieved from http://www.judge.navy.mi.th/PDF/IUU.pdf

Capture fisheries production (metric tons) | Data. (n.d.). Retrieved from

http://data.worldbank.org/indicator/ER.FSH.CAPT.MT?end=2014&start=

1960&view=chart

Conservation of Antarctic Marine Living Resources. (n.d.). About CCAMLR.

Retrieved from https://www.ccamlr.org/en/organisation/about-ccamlr

Directorate General of Surveillance for Marine and Fisheries Republic of

Indonesia. (n.d.). Info Terkini: Pengawasan Mendukung Kedaulatan

Pengelolaan Sumber Daya Kelautan dan Perikanan. Retrieved from

http://djpsdkp.kkp.go.id/2014/arsip/c/271/PENGAWASAN-

MENDUKUNG-KEDAULATAN-PENGELOLAAN-SUMBER-DAYA-

KELAUTAN-DAN-PERIKANAN/?category_id=20

FAO - News Article: Shining a spotlight on illegal fishing. (n.d.). Retrieved from

http://www.fao.org/news/story/en/item/47812/icode/

Food and Agriculture Organization of the United Nations. (n.d.). FAO Fisheries

& Aquaculture - Country Profile. Retrieved from

http://www.fao.org/fishery/facp/IDN/en

Food and Agriculture Organization of United Nations. (2003). FAO calls for

intensified action to combat illegal fishing. Retrieved from

http://www.fao.org/english/newsroom/news/2003/25379-en.html

Food and Agriculture Organization of United Nations. (n.d.). Fisheries and

Aquaculture Country Profiles: The Republic of Indonesia. Retrieved from

http://www.fao.org/fishery/facp/IDN/en

Indonesia sinks the IUU fishing vessel Viking. (2016). Retrieved January 1, 2017,

from http://minister.agriculture.gov.au/ruston/Pages/Media-

Releases/indonesia-sinks-iuu-fishing-vessel-viking-.aspx

IUU Vessel – RPOA-IUU. (n.d). Rertieved from http://www.rpoaiuu.org/iuu-

vessel/

Jokowi: Indonesia Rugi Rp300 Triliun Akibat Pencurian Ikan - Poskota News.

(n.d.). Retrieved from http://poskotanews.com/2015/11/22/jokowi-

indonesia-rugi-rp300-triliun-akibat-pencurian-ikan

Kronologi Penangkapan Kapal FV Viking. (n.d.). Retrieved from

http://www.tnial.mil.id/tabid/79/articleType/ArticleView/articleId/27696/

Default.aspx

Listing Procedure – RPOA-IUU. (n.d.). Retrieved from

http://www.rpoaiuu.org/listing-procedure/

Meeting Document – RPOA-IUU. (n.d). Rertieved from

http://www.rpoaiuu.org/meeting-document/

National Interest: Meaning, Components and Methods. (n.d.). Retrieved from

http://www.yourarticlelibrary.com/international-politics/national-interest-

meaning-components-and-methods/48487/

Page 97: THE SUPPORTS OF RPOA INITIATIVE TO INDONESIA IN DEALING

84

Nugraha, P. S. (2015). Artikel Penyuluhan: Permasalahan dan Strategi

Penanggulangan IUU Fishing di Perairan Indonesia. Retrieved from

http://pusluh.kkp.go.id/arsip/c/1858/?category_id=2

Organizational Structure – RPOA-IUU. (n.d.). Retrieved from

http://www.rpoaiuu.org/organizational-structure/

PSDKP - Direktorat Jenderal Pengawasan Sumberdaya Kelautan dan Perikanan.

(2016). Info Terkini: KOMITMEN NEGARA KAWASAN DALAM

PEMBERANTASAN IUU FISHING. Retrieved from

http://djpsdkp.kkp.go.id/arsip/c/418/KOMITMEN-NEGARA-

KAWASAN-DALAM-PEMBERANTASAN-IUU-FISHING/

Urbina, I. (2015). A Renege Trawler, Hunted for 10.000 Miles by Vigilantes.

Retrieved from www.nytimes.com/2015/07/28/world/a-renegade-trawler-

hunted-for-10000-miles-by-vigilantes.html?_r=0

D. Others

Direktorat Konservasi dan Taman Nasional Laut. (n.d.). Profil Konservasi

Sumberdaya Ikan Kini dan Mendatang: Konservasi Kawasan Perairan

Indonesia Bagi Masa Depan Dunia. Ministry of Marine Affairs and

Fisheries of Republic of Indonesia.

Food and Agriculture Organization of the United Nations. Fisheries and

Aquaculture Department. (2007). The state of world fisheries and

aquaculture, 2006. Rome: Food and Agriculture Organization of the

United Nations.

Food and Agriculture Organization of the United Nations. (2001). International

plan of action to prevent, deter, and eliminate illegal, unreported, and

unregulated fishing.

In Mazalina, A., Kawamura, H., Masaya, K., Abdul, R. L., Mohd, T. A., &

Somboon, S. (2015). ASEAN guidelines for preventing the entry of fish

and fishery products from IUU fishing activities into the supply chain

[Paper].

Martini, M. (2013). U4 Expert Answer: Illegal, unreported and unregulated

fishing and corruption. Paper presented at U4 Anti-Corruption Resource

Centre.

Ministry of Marine Affairs and Fisheries of Republic of Indonesia. (2015). Mina

Bahari, 431.

Ministry of Marine Affairs and Fisheries Regulation No. KEP. 50/MEN/2012

concerning the National Plan of Action to Prevent, Deter, and Eliminate

Illegal, Unreported, and Unregulated Fishing year 2012-2016. (n.d.).

Ministry of Marine Affairs and Fisheries of Republic of Indonesia.

Ministry of Marine Affairs and Fisheries Regulation No. PER.15/MEN/2012

concerning the Strategic Plan of Ministry of Marine Affairs and Fisheries

year 2010-2014. (n.d.). Ministry of Marine Affairs and Fisheries of

Republic Indonesia.

S. Rajasekar, S., Philominathan, P., & Chinnathambi, V. (2013, October 14).

Research Methodology. Retrieved from

http://arvix.org/pdf/physic/0601009.pdf

Page 98: THE SUPPORTS OF RPOA INITIATIVE TO INDONESIA IN DEALING

85

Palma, M. A. (2006). Analysis of the Adequacy of the Philippine Legal, Policy,

and Institutional Framework to Combat Illegal, Unreported, and

Unregulated Fishing (Doctoral dissertation, University of Wollongong,

Australia). Retrieved from http://ro.uow.edu.au/theses/589.

The Habibie Centre. (2014). Talking ASEAN: Developing ASEAN Cooperation on

Fisheries Management: Tackling IUU Fishing in the Region.

Page 99: THE SUPPORTS OF RPOA INITIATIVE TO INDONESIA IN DEALING

86

APPENDIX

Appendix 1: Action Plan on Fisheries Resources Management & Monitoring Control & Surveillance (MCS) Identified under the Group

of Sub-regional Southern & Eastern South China Sea and Sulu Sulawesi Seas

No. Sub regional issues Proposed Activities/Programs Current/Future Initiative Responsible bodies Potential partners Timeline

1. Large number of

variously flagged

fishing vessels

operating in Southern

and Eastern Area of

South China Sea and

Sulu Sulawesi Sea

1. Develop information sharing

system and database on

- fishing vessels licenses (24

meters in length and over);

- laws & regulations;

- IUU fishing;

- notification of innocent

passage.

1. Regional fishing vessels

records for vessels starting

from 24 meters in length

and over

2. Regional technical

consultation on RFVR 2 –

4 July 2015 in Thailand

RPOA Secretariat &

SEAFDEC

On going

2. Enter into appropriate sub-regional

arrangements to promote the

elimination of IUU fishing

3. Sub-regional collaboration

RPOA Secretariat 2015

3. Technical cross-visit to countries

that has successfully implemented

MCS programmes.

4. Technical visits &

meetings

- Monetary support

RPOA Secretariat USAID-RDMA?

2015-2017

4. Joint border coordinated patrol 5. Joint surveillance for

countries with shared

maritime boundaries –

RPOA Secretariat as

(Coordinator) and all

Member Countries to

have bilateral

arrangement

On-going on

bilateral basis

Page 100: THE SUPPORTS OF RPOA INITIATIVE TO INDONESIA IN DEALING

87

No. Sub regional issues Proposed Activities/Programs Current/Future Initiative Responsible bodies Potential partners Timeline

2. Unreported

transhipping activities

1. Joint coordinated patrol 1. Joint surveillance for

countries with shared

maritime boundaries

member countries

through bilateral

arrangement

On going on

bilateral basis

2. Develop a trans-boundary MCS

network to promote the sharing of

information and to coordinate

regional activities to support the

promotion of responsible fishing

practices including Live Fish Trade

(LFT)

2. Develop sub-regional

network

CTI-TWG EAFM

2016

3. Compulsory use of VMS for

vessels 24 meters in length and

over

3. Establishment of VMS

central monitoring - VMS

in hotspot areas

member countries On going

4. Implementation of sub-regional

catch certification scheme (to learn

from EU scheme)

4. Expert consultation on

catch certification scheme

for RPOA MCs

RPOA Secretariat as

(Coordinator) and all

Member Countries to

have bilateral

arrangement

SEAFDEC

USAID-RDMA? 2017

3. Unauthorised

use/transfer of one

1. Develop information sharing

system and database on

1. Regional fishing vessels

records for vessels starting

RPOA Secretariat &

SEAFDEC

On going

Page 101: THE SUPPORTS OF RPOA INITIATIVE TO INDONESIA IN DEALING

88

No. Sub regional issues Proposed Activities/Programs Current/Future Initiative Responsible bodies Potential partners Timeline

license between

multiple fishing vessel

- fishing vessels licenses (24

meters in length and over);

- laws & regulations;

- IUU fishing;

- notification of innocent

passage.

from 24 meters in length

and over

2. Regional technical

consultation on RFVR 2 –

4 July 2015 in Thailand

2. Enter into appropriate sub-regional

arrangements to promote the

elimination of IUU fishing

3. Sub-regional collaboration

RPOA Secretariat 2015

3. Technical cross-visit to countries

that has successfully implemented

MCS programmes.

4. Technical visits &

meetings

- Monetary support

RPOA Secretariat USAID-RDMA?

2015-2017

4. Joint border coordinated patrol

5. Joint surveillance for

countries with shared

maritime boundaries –

CTI and RPOA

Secretariat as

(Coordinator) and all

Member Countries to

have bilateral

arrangement

On-going on

bilateral basis

4. Bunkering mean the

unregulated and illegal

provision of supplies,

materials and fuels or

other to fishing

vessels.

Sharing of information among MCs,

by developing a good communication

network/system

Joint surveillance for countries

with shared maritime

boundaries

RPOA Secretariat as

(Coordinator) and all

Member Countries to

have bilateral

arrangement

On-going on

bilateral basis

5. Unreported catches

from illegal fishing

activities

Coordinated patrolling involving

multi-maritime agencies

Coordination through

communication among MCs

RPOA Secretariat as

Coordinator and all

Member Countries to

On-going

Page 102: THE SUPPORTS OF RPOA INITIATIVE TO INDONESIA IN DEALING

89

No. Sub regional issues Proposed Activities/Programs Current/Future Initiative Responsible bodies Potential partners Timeline

have bilateral

arrangement

6. Unreported and

misreported catches

from licensed fishing

vessels

Implementation of sub-regional catch

certification scheme. ( to learn

experience from EU scheme)

1. Expert consultation on

catch certification scheme

for RPOA MCs (can be

combined with item

no.2.2)

RPOA Secretariat

and member

countries

2017

2. Stakeholders’ awareness

campaign on the

importance of data for

resource management

RPOA Secretariat

and member

countries

On-going

7. Fraudulent licensing

and registration

activities

1. Develop information sharing

system and database on

- fishing vessels licenses (24

meters in length and over);

- laws & regulations;

- IUU fishing;

- notification of innocent

passage.

1. Regional fishing vessels

records for vessels starting

from 24 meters in length

and over

2. Regional technical

consultation on RFVR 2 –

4 July 2015 in Thailand

RPOA Secretariat &

SEAFDEC

On going

2. (a) MCs to implement a pilot

project on the use of chip (RFID)

to detect the unauthorized vessels

2. (a) No current initiatives

RPOA Secretariat

and member

countries

To be aligned

with FAO’s

phased

implementation

(b) (alternatively, RPOA MCs to

participate in FAO global record

on fishing vessels)

(b) FAO initiatives on global

fishing vessel record

RPOA Secretariat

and member

countries

To be aligned

with FAO’s

phased

implementation

Page 103: THE SUPPORTS OF RPOA INITIATIVE TO INDONESIA IN DEALING

90

No. Sub regional issues Proposed Activities/Programs Current/Future Initiative Responsible bodies Potential partners Timeline

8. Limited human and

institutional capacity

within relevant

government agencies

to effectively

implement MCS.

1. Trainings on:

i. MCS

ii. fishery management

iii.Port State Measures

Agreement

iv.VMS

v. flag state and coastal state

responsibilities

1. Provide training on

fisheries regime in

implementing MCS

(sub-regional secretariat to

coordinate the need of

ToR/concept paper)

RPOA Secretariat, Australia?, SEAFDEC,

USAID Indonesia, NOAA-

Law Enforcement?, CTI-

EAFM/SSME

2015

2. Technical cross-visit to countries

that has successfully implemented

MCS programmes.

2. Technical visits & meetings

- Monetary support

RPOA Secretariat

USAID-RDMA? 2015-2017

3. Expert consultation on MCS

among RPOA MCs

3. to coordinate the need of

ToR/concept paper

RPOA Secretariat 2016

9. Lack of stakeholder

(i.e industry)

engagement in MCS

and general fisheries

management.

1. Capacity building on EAFM

through exchange visits and

sharing indigenous /local

knowledge, awareness program

and regular consultation among

MCs & agencies

1. Increase capacity

building and more

frequent engagement

with stakeholders

Member countries,

RPOA Secretariat

CTI-EAFM / WWF / SSME

On-going

2. Application of relevant objectives,

activities, implementation

mechanisms and guiding

principles (i.e. CTI and FAO) of

the CTI-CFF EAFM general

2. Member countries,

RPOA Secretariat

CTI / SSME / WWF?

On going

Page 104: THE SUPPORTS OF RPOA INITIATIVE TO INDONESIA IN DEALING

91

No. Sub regional issues Proposed Activities/Programs Current/Future Initiative Responsible bodies Potential partners Timeline

concept, policy, strategy and

prioritised actions for specific

sites intervention, including

spatial planning.

3.Undertake surveys, fact-findings

and researches (including

scientific research, biological and

physical oceanographic surveys)

on matters that will effectively

create and implement the EAFM

regime

Member countries,

RPOA Secretariat

CTI / SSME / WWF?

On going

4. Technical consultation on EAFM

for RPOA Member countries

Technical consultation

Member countries,

RPOA Secretariat

CTI / SSME / WWF?

On going

5. Regional and national consultants

to jointly develop and implement

capacity building programme to

effectively implement the EAFM

regime.

Stakeholder consultation

Member countries,

RPOA Secretariat

CTI / SSME / WWF?

On going

6. Policy development on the

implementation of EAFM regime.

Development of policy on

EAFM

CTI-EAFM Completed in

2014

10. Impacts on shared/

migratory and

endangered fish stocks

(including other

1. To conduct stock assessment on

shared/migratory species

1. Proposal on tuna project

SEAFDEC, member

countries, RPOA

Secretariat

On going

Page 105: THE SUPPORTS OF RPOA INITIATIVE TO INDONESIA IN DEALING

92

No. Sub regional issues Proposed Activities/Programs Current/Future Initiative Responsible bodies Potential partners Timeline

associated and

dependent species

such as sea turtles,

sharks, dolphin,

dugong, whales)

across region.

2. To establish NPOAs for sea turtles,

sharks, dolphin, dugong, whales

and other for endangered species

2. NPOA turtle, sharks and

dugong

member countries,

RPOA Secretariat

On going

11. Status of Fishery

Resources and fishery

Management

1. Gap analysis on fisheries

management in the sub-region.

Member countries,

RPOA Secretariat,

SEAFDEC

On going

2. Sharing of experience in fisheries

management practices among

Member Countries

Under SEAFDEC publications Member countries,

RPOA Secretariat,

SEAFDEC

On going

Page 106: THE SUPPORTS OF RPOA INITIATIVE TO INDONESIA IN DEALING

93

Appendix 2: RPOA Action Plan

Page 107: THE SUPPORTS OF RPOA INITIATIVE TO INDONESIA IN DEALING

94

Page 108: THE SUPPORTS OF RPOA INITIATIVE TO INDONESIA IN DEALING

95

Page 109: THE SUPPORTS OF RPOA INITIATIVE TO INDONESIA IN DEALING

96

Page 110: THE SUPPORTS OF RPOA INITIATIVE TO INDONESIA IN DEALING

97

Page 111: THE SUPPORTS OF RPOA INITIATIVE TO INDONESIA IN DEALING

98

Page 112: THE SUPPORTS OF RPOA INITIATIVE TO INDONESIA IN DEALING

99